Due to weather conditions in our area, Buckley, Brion, McGuire & Morris LLP will be closed today. We will reopen tomorrow. Thank you
Several wireless companies have recently drafted a bill for introduction in the Pennsylvania General Assembly that would 1) prohibit municipalities from exercising their zoning authority to regulate and control the construction and location of towers and antennas in the public rights-of-way, and 2) usurp the municipalities’ ability to assess fees for such facilities.
These towers, known as distributed antenna systems, can be up to 120 feet in height and many experts anticipate that the number of towers will grow considerably in the short term as consumer demand for wireless broadband capability continues to swell. These sweeping changes to municipalities’ zoning authority could have a profound and negative impact on a municipality’s ability to sufficiently control development in an organized and safe manner, while imposing undesirable ramifications on public rights-of-way and your residential neighborhoods. We will continue to monitor this emerging matter and keep you informed of any changes. For more information contact Kristin Camp or Jon Williamson.
Partner, Christine Kimmel has been elected as the first female Supervisor of East
Marlborough Township. Christine is currently the Chairperson of the East Marlborough
Township Planning Commission and has been a Unionville resident for eighteen years.
“East Marlborough Township has been recognized as one of the best places in the region
to raise a family,” said Kimmel. “We have school systems ranked among the finest in the
state and nationally. What we have never had is a female voice on the Board of
Supervisors. I am ready to change that.”
A mother of two in the Unionville-Chadds Ford School District, Kimmel is focused on
strengthening families and education. As a real estate and business lawyer, she is also
focused on combining smart economic development with preserving open space and
responsible fiscal management.
Kimmel explained: “Combining unspoiled rural vistas, a vibrant business community,
and highly engaged residents who share a strong sense of community, East Marlborough
Township truly is a gem in the region.”
“As a member of the East Marlborough Township Planning Commission for the past
twelve years, and during my participation on various Township boards, I have worked
closely with the Township Supervisors to achieve a balance of community and economic
viability. As a real estate and corporate lawyer, I have helped families and businesses in
the region grow. As a mother of two children who have benefitted from the incredible
educational, sports, arts, and cultural opportunities available here, I want to help preserve
what we have and make it even better for present and future residents.”
Buckley, Brion, McGuire & Morris LLP healthcare lawyer and Yale Medical School researcher James Kimmel, Jr., Esq. is interviewed on the BBC World Service Newshour and in The Daily Beast about SavingCain.org, the first-of-it’s-kind website he created to help would-be murderers and mass shooters control their desire to kill.
After a two and half day trial, a Chester County Jury returned a verdict in favor of West Brandywine Township and its Municipal Authority, and against Pulte Homes. This dispute stemmed from Pulte’s now abandoned “Del Webb at Applecross” project. The Jury found that Pulte breached its Sewer Allocation Agreement, and awarded the full amount of damages sought by the Plaintiffs. West Brandywine Township Municipal Authority v. Pulte Homes of PA LP, Chester County Court of Common Pleas Docket No.: 2014-00037-CT.
The firm represented DNB First, N.A. before the Pennsylvania Supreme Court and successfully defended the validity of a multi-million dollar confessed judgment against a commercial debtor.
More information and a copy of the Supreme Court’s Order can be found at the links below:
George Elser and his wife with Chris and Kristin Camp
On October 11 2014, partners Kristin Camp and Michael Gill, accompanied by their spouses, attended Uptown Entertainment’s Third Annual “Vintage Hollywood Red Carpet Gala”. The event raised money to bring a theater to West Chester. Uptown Entertainment Alliance’s mission is to promote cultural, economic, and civic life experiences in Chester County, through live theater, music, dance, film, and other local events in the heart of West Chester’s historical district. As part of its commitment to participating in community outreach programs, Buckley Brion was a supporting sponsor of the event.
Partner Michael S. Gill was appointed to serve on the Board of Trustees of the West Chester Friends School. Michael also serves on the Board of Directors of The Hickman Friends Senior Community of West Chester and as the Chairman of the Chester County Mental Health/Intellectual and Developmental Disabilities/Early Intervention Advisory Board. Michael represents property owners, tenants, developers and governmental entities in zoning and land development, environmental, eminent domain and commercial real estate matters and transactions. He can be contacted by calling 610-436-4400 Ext 109.
West Chester Friends School is an independent, Quaker elementary school serving boys and girls in preschool through fifth grade. In keeping with the school’s philosophy and mission, children are taught an enriched, preparatory curriculum, supported by the arts and technology.
Published in the July 2014 issue of the WC Press
Joseph “Skip” Brion has quietly been one of the most influential businessmen in the borough, if not this half of the state. Throughout his time as a partner at Buckley, Brion, McGuire & Morris LLP, the firm has doubled in size, and Philadelphia magazine named him one of the “Super Lawyers” of Philadelphia. He has served as Chairman of the Republican Committee of Chester County, and sits on the Pennsylvania Liquor Control Board after being personally appointed by Governor Corbett in 2011.
Skip came to Chester County to take a clerkship in Downingtown when he graduated from Villanova Law School and moved to West Chester a few years later. While he moved here for a job, he never returned to Philadelphia because “he stayed for a woman”- his wife Glenda. Skip has twice served on borough council and remains active in politics, a role he gladly took on because he felt “it was the best way to give back to the community”
His advice: “Always do the right thing, If you try to always do what’s right, you’ll flourish in this town. When you help the community, and when you say you’ll do something and you do it, people will notice and you will be well respected. Throughout 43 years of law, people came and went, but those who stayed and did well always did the right thing.”
For a digital copy of the article, please visit thewcpress.com
Glenn Davis was promoted to the rank of Chief Master Sergeant effective March 1, 2014 at a promotion ceremony held at the Delaware Air National Guard base in New Castle, Delaware on April 6, 2014. video game recording software The promotion ceremony was presided over by Brigadier General Carol A. Timmons, the Assistant Adjutant General for Air, Delaware Air National Guard and attended by members of Glenn’s family, friends and members of the firm. Chief Master Sergeant is the highest enlisted rank in the U.S. Air Force to which only 2% of the enlisted force is selected for promotion. Individuals promoted to the rank of “Chief” have risen above their peers and demonstrated the ability to lead people and manage resources. It represents the culmination of a 29 + year continuing military career for Glenn in the service of his country which has included two overseas deployments to Afghanistan and Qatar in support of overseas contingency operations. Glenn is currently assigned to Joint Force Headquarters (Air) staff, Delaware Air National Guard, New Castle, Delaware.
Glenn Davis’ practice focuses in the areas of civil litigation, including commercial and personal injury, veterans’ claims and family law and also criminal defense. Among other areas, he has over 20 years experience in handling premises and auto liability defense. Glenn worked for a center city Philadelphia litigation firm from 1990-2000, preparing and trying cases involving plaintiff and defendant personal injury as well as defending corporations with respect to employee claims and products liability in state and federal court.
Buckley Brion McGuire & Morris LLP is pleased to announce that Christine Kimmel has joined the firm as a Partner.
Ms. Kimmel’s practice focuses on commerical banking and finance, real estate, and business matters. She represents lending institutions in complex real estate lending and work-out transactions and advises owners, investors, tenants and developers in the sale and purchase of real estate, leasing, zoning and land use and tax assessment matters.
A native of Wilmington, Delaware, Ms. Kimmel received her B.A. from the University of Delaware in 1986 and her law degree from Villanova University School of Law in 1996. Between college and law school, Ms. Kimmel worked as a loan officer in the commerical lending division of a major regional bank, where she managed troubled commerical loan portfolios and handled residential mortage foreclosures and sale of properties. Prior to joining the firm, Ms. Kimmel spent 15 years practicing complex commerical banking and finance, real estate and business law at Pepper Hamilton, LLP and Saul Ewing LLP. She is currently the Vice Chair of the East Marlborough Planning Commission and serves as a member of the Unionville Regional Planning Commission and the Unionville Park Planning Commission. She is the former President and Vice President of the Chester County Youth Orchestra.
“We are proud to announce our firm has been renamed “Buckley, Brion, McGuire & Morris LLP” after the election of our former partner Jeffrey R. Sommer to the bench of the Chester County Court of Common Pleas.
We are also happy to announce that Christine S. Kimmel has joined our firm as a partner and Michael L. Kemp has joined the firm as an associate. Ms. Kimmel focuses her practice on banking transactions and loan documentation and Mr. Kemp will focus on commercial lending and estate matters.”
On September 26, 2013, Buckley Brion attorneys successfully obtained a precedent setting decision for their clients in the United States Bankruptcy Court for the Eastern District of Pennsylvania on an issue of first impression within the Third Circuit – whether the absolute priority rule applies to an individual Chapter 11 debtor after the Bankruptcy Abuse Prevention & Consumer Protection Act (“BAPCPA”) of 2005, which amended the Bankruptcy Code.
Judge Fox held that the absolute priority rule still applies, explaining that “individual Chapter 11 debtors who fail to obtain the consent of an impaired class of creditors cannot retain prepetition non-exempt property unless the dissenting creditor class will receive distributions under the proposed plan equal in value, as of the plan effective date, to the amount of its claims.”
The dismissal of a Debtors’ bankruptcy case in the United States Bankruptcy Court for the Eastern District of Pennsylvania allows the firm’s clients to pursue their state law claims against the Debtors for the entire amount due and owing to them.
A copy of Judge Fox’s opinion can be obtained upon request.
Michael S. Gill, Esquire, was honored to join the Pennsylvania State Association of Township Supervisors (PSATS) on April 22, 2013 as a Presenter at the PSATS 91st Annual Educational Conference and Trade Show in Hershey, Pennsylvania. Mr. Gill discussed Public Private Ventures with local government officials from across the Commonwealth. P3s are an exciting funding option for services and infrastructure which were traditionally delivered solely by governmental entities. Mr. Gill, who regularly counsels developers, government agencies and authorities and, in particular, transportation-related entities, devoted a large portion of his presentation to Act 88 of 2012 pursuant to which Governor Corbett and the General Assembly established a statutory framework for Public Private Ventures for transportation projects. For more information in this exciting development in Pennsylvania law, please contact Mr. Gill or any of the other Attorneys at Buckley, Brion, McGuire, Morris & Sommer LLP.
Buckley Brion LLP was proud to be a sponsor for the Western Chester County Chamber of Commerce Municipal Update event on Friday, March 22, 2013 at Greg A. Vietri, Inc., in Sadsburyville.
Jeff Sommer, Kristin Camp, Sigmund Fleck, and Mike Gill were in attendance from the firm, and enjoyed hearing updates from County Commissioner Ryan Costello and Caln Township Manager Greg Prowant, as well as representatives from all of the hard working municipal representatives in attendance.
West Chester Location
118 W. Market Street
Lehigh Valley Location
612 W. Hamilton Street
Allentown, PA 18101
Areas of Practice
Hours of Operation
Monday: 8:30 am to 5:00 pm
Tuesday: 8:30 am to 5:00 pm
Wednesday: 8:30 am to 5:00 pm
Thursday: 8:30 am to 5:00 pm
Friday: 8:30 am to 5:00 pm