John J. Mahoney
West Chester, PA

Mr. Mahoney has over 40 years of experience representing municipal governments and municipal authorities as solicitor and as litigation counsel, focused on zoning and land development proceedings, appeals and civil suits, and providing comprehensive legal services pertaining to municipal governance, as well as resolution of problems related to permitting and regulatory compliance.

Mr. Mahoney has also served as legal counsel handling many specialized aspects of environmental law, including defense of enforcement actions, criminal charges, compliance issues with environmental regulations, title insurance claims, storm water management issues, remediation and litigation.

Finally, Mr. Mahoney has served as counsel in land use, zoning and development department representing commercial and residential real estate developers in litigation, zoning and subdivision/land development approval process and government agency permitting in Southeast and Central Pennsylvania.

Areas of Practice

  • Land Use & Zoning

Education

  • University of Pennsylvania Law School, Philadelphia, Pennsylvania
    • J.D. – 1980
  • Pennsylvania State University
    • B.S. – 1977
    • Honors: summa cum laude

Bar Admissions

  • Pennsylvania, 1980
  • U.S. District Court Eastern District of Pennsylvania, 1988
  • U.S. District Court Middle District of Pennsylvania, 1994
  • U.S. Court of Appeals 3rd Circuit, 1991
  • U.S. Supreme Court, 1984

Classes and Seminars

  • Procedural and Substantive Challenges to Land Use Ordinances, Lorman Education Services, 2000 – 2007
  • Instructor in Administrative Law, West Chester University, Fall Semester, 1988 – Present

Professional Associations and Memberships

  • Chester County Bar Association (Member)
  • Montgomery County Bar Association
  • Pennsylvania Bar Association (Member)
  • Member of the Board of Supervisors of Uwchlan Township, Chester County, 1990 – 1999
  • Continuing Legal Education Committee, Chester County Bar Association, 1995 – 1996 (Chairman)
  • The Upper Main Line YMCA, 2001 – 2007 (Member of the Board of Directors)
  • Exton Jaycees, 1984 – Present (President)
  • Camp Joy, Inc. (a summer camp for mentally disabled children and adults), 1985 – 1989 (Member of the Board of Directors)

Past Employment Positions

  • Chester County District Attorney’s Office, Assistant District Attorney, 1981 – 1984
  • Crawford, Wilson, Ryan and Agulnick, P.C., Shareholder, 1985 – 1999
  • Saul Ewing LLP, Chesterbrook, PA, Special Counsel, 2000 – 2004
  • K. Hovnanian Enterprises, Inc., Delaware Valley Division, Attorney, 2004 – 2005
  • Kaplin Stewart, Blue Bell, PA, Special Counsel, 2005 – 2008
  • Siana Bellwoar, Chester Springs, PA, Partner, 2009 – 2017

Representative Cases

  • Adhi Parasakthi Charitable, Medical, Educational, and Cultural Society of North America (“ACMEC”) v. Township of West Pikeland, 721 F.Supp.2d 361, (E.D. Pa., 2010). Applying Religious Land Use and Institutionalized Persons Act, determined that zoning ordinance was invalid but denial of request to construct Hindu temple was valid.
  • ACMEC v. Township of West Pikeland, 2010 WL 1185452 (E.D. Pa., 2010), 2010 WL 157534 (E.D. Pa., 2010). Addressed discovery dispute in civil rights and RLUIPA case.
  • Button v. Snelson, 2016 WL 1222262 (M.D.Pa., 2016), affirmed 679 Fed.Appx. 150 (3rd Cir., 2017). Granted summary judgment dismissing claims against municipality and zoning officer in civil rights case asserting misuse of authority in denying land use application.
  • Cerino v. Towamensing Tp., 2010 WL 411730 (M.D. Pa.) (M.D.Pa., 2010). Denied civil rights claim asserting deprivation of constitutional rights of dog kennel owner/operator.
  • Commonwealth v. Moran, 104 A.3d 1136 (Pa., 2014) Determined that evidence was sufficient to support bribery conviction, and that error in trial court’s jury instruction regarding the elements of culpability for criminal act was harmless.
  • Donohoe v. American Isuzu Motors, Inc., 157 F.R.D. 238 (E.D. Pa., 1994). Rejected claim for sanctions for alleged spoliation of evidence by plaintiff’s expert witnesses.
  • Donohoe v. American Isuzu Motors, Inc., 155 F.R.D. 515 (E.D. Pa., 1994). Determined that spoliation was not an affirmative defense that had to be separately pled in answer to complaint in federal suit.
  • Dorsett v. American Isuzu Motors, Inc., 805 F.Supp. 1212 (E.D. Pa., 1992). Denied defense post-trial motions in automotive product liability case.
  • Dutchmen MX Park, LLC v. Schuylkill County, Pa., 2011 WL 4458840 (M.D.Pa., 2011). Dismissed claims against municipality and County; the latter established limited zoning authorization for use of land for adult entertainment.
  • East Marlborough v. Jensen, 590 A.2d 1321 (Pa. Cmwlth., 1991) (rearg. den. 1991). Denied validity challenge to zoning ordinance challenged on the basis that land available for commercial development was not large enough for a shopping mall.
  • Einhaus v. Fawn Tp., 2013 WL 784661(M.D.Pa., 2013) Dismissed claim for punitive damages against municipal government and declined to dismiss suit on federal jurisdictional grounds
  • Fortune Development, L.P. v. Bern Tp., 2013 WL 990454 (E.D.Pa., 2013). Dismissed procedural and due process claims against municipal authority.
  • Gibellino v. Manchester Twp., 109 A.3d 336, 338 (Pa. Cmwlth., 2015) (en banc) Dismissed suit against municipality based on sovereign immunity.