The new property assessments in Allegheny County could have a dramatic impact on Allegheny County residents and businesses. As reported by the Pittsburgh Post-Gazette, the appeals process places the burden on the property owner to prove that the assessment is incorrect. The attorneys of Fowkes Rodkey are experienced in both commercial and residential assessment appeals and stand ready to help you navigate the assessment appeal process.

Attorney Rodkey has been at the forefront of cutting edge litigation on the issue of whether a contractor or subcontractor can assert a mechanics’ lien on a Marcellus gas well and the production therefrom. Attorney Rodkey has filed many mechanics’ liens on Marcellus gas wells in many different counties in Pennsylvania and has very recently defeated oil company arguments that the Pennsylvania Mechanics’ Lien Law does not apply to Marcellus gas wells in the Pennsylvania Court of Common Pleas.

Marcellus shale drilling has recently become an integral part of Western Pennsylvania’s economy, but unfortunately, the climate for Marcellus shale drilling is about to get a lot more confusing. A 2011 study conducted by researchers at Penn State University, found that Marcellus shale drilling related development accounted for $11.2 billion in “value added” to Pennsylvania’s economy, most of it in Western Pennsylvania. The report reached the “value added” amount by accounting for both the direct and indirect economic impact of the development.

However, both present and future Marcellus drilling leases may be threatened by a case pending in the Susquehanna County Common Pleas Court. The case started when John and Mary Butler filed a complaint to quiet title on their property in Susquehanna County. The Butlers held a deed on forty-four acres of land which contained an exception reserving: “[O]ne half the minerals and Petroleum Oils to said Charles Powers his heirs and assigns.” Charles Roger’s estate argues that this exception is a valid “mineral reservation” that should include Marcellus Shale. The court disagreed and held for the Butlers.

The Common Pleas Court based its holding on the definition of “minerals” established by the 1882 case, Dunham v. Kirkpatrick. That case held that when a “mineral reservation” does not specifically mention natural gas or oil, the court should presume that it was not intended to include them. Although a “mineral reservation” can include natural gas and oil, the Dunham rule requires that the person trying to assert the reservation must show evidence that the person who made the reservation meant to include them.

Not wanting to lose their valuable claim to the Marcellus shale on the Butler’s property, members of Charles Roger’s estate appealed to the Pennsylvania Superior Court. The Superior Court held that Pennsylvania law was unclear as to whether Marcellus shale is a mineral, and remanded to the Susquehanna County Common Pleas Court to decide. No matter how the Common Pleas Court rules, its decision will certainly be appealed back to the Pennsylvania Superior Court and perhaps to the Pennsylvania Supreme Court. Accordingly, there may be some period of time until clarity is obtained as to who owns the rights to Marcellus shale under a “mineral reservation.” If the courts overturn over one hundred years of legal precedent by finding Marcellus shale to be a mineral, drilling contracts all over Pennsylvania will be thrown into doubt.

Fowkes Rodkey has filed suit on behalf of a former tenant at the supposedly “green” Century Building in downtown Pittsburgh after management. As reported in the Pittsburgh Post-Gazette, the Century Building is held out as a “gold” rated property under the Leadership in Energy and Environmental Design “LEED” system. However, as set forth in the Complaint filed in the Allegheny County Court of Common Pleas in May 2011, building management has permitted “uncontrolled and pervasive smoking”. Smoking is a violation of lease covenants. The lawyers at Fowkes Rodkey have a wide range of experience in residential and commercial landlord tenant and real property law issues.

Attorney Rodkey has been tabbed by a major supplier of directional drilling materials to secure mechanics’ liens against major oil and gas well drillers and producers on numerous Marcellus Shale wells across North Central and South Western Pennsylvania. Attorney Rodkey has extensive experience in the intricacies of the Pennsylvania Mechanics’ Lien Law. Whether it be a Marcellus Shale well, a commercial building project or a residential construction project, Attorney Rodkey can provide you with the solution to your mechanics’ lien issue.

See this article on a recent drowning of Christopher Myers at the Rosedale Beach Club in Verona.

The lawyers at Fowkes Rodkey note that from a legal perspective, these types of unfortunate and tragic accidents highlight the need for early involvement of counsel to obtain access to the accident site to preserve what could be critical evidence. Sometimes counsel must go so far as to seek a court order in order to gain access to evidence and have evidence preserved in order to protect the rights of the injured.

The U.S. Supreme Court holds in McDonald, that the ruling of Heller applies to laws passed on municipal levels (in addition to those on a federal level such as those in Washington, DC), by confirming that the Second Amendment right to keep and bear arms must be ensured within local and state laws (per the Fourteenth Amendment).

Justice Alito’s majority opinion is clear:

The Court eventually held that almost all of the Bill of Rights’ guarantees met the requirements for protection under the Due Process Clause. The Court also held that Bill of Rights protections must “all . . . be enforced against the States under the Fourteenth Amendment according to the same standards that protect those personal rights against federal encroachment….
The Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States.”

To read the case click here. Court Opinion.

A major equipment manufacturer recently tabbed Attorney Rodkey to defend a major trade secret case in the Allegheny County Court of Common Pleas.  After weeks of expedited discovery, including discovery of Electronically Stored Information (EIS) and many depositions, Attorney Rodkey successfully negotiated a settlement beneficial to his client manufacturer.

Attorney Rodkey has litigated many trade secret cases and non-compete agreement cases, he has counseled many clients in these areas and has extensive experience in drafting confidentiality and non-compete agreements.