Areas of Expertise.

David Montgomery has a broad administrative law and litigation practice with particular emphasis on zoning, energy, municipal, property tax, election law, and land development matters.

Oil and natural gas development:  David has successfully represented operators and royalty owners in lease disputes and joint venture agreements.  He has also advised clients on lease preservation, development and production issues, including the impact and effect of delay rental and shut-in royalty clauses, as well as the implied covenants to develop and market oil/gas.  David has also represented landowners in connection with surface access and pipeline right-of-way issues.  Representative matters include Walker v. Perry, A.D. No. 919 of 2014 (Greene County Pa. 2017) (verdict in favor of leaseholder and operator in dispute over validity of natural gas lease and the implied covenant to develop and market); O’Leary v. Mifflin Energy Corp. et al., AD No. 394-2014 (Greene County Pa. 2014) (successful defense of validity of lease held by production); Mifflin Energy Corp. v. Atlas America LLC, 821 WDA 2011 (Pa. 2012) (affirming Superior Court’s opinion that Joint Venture Agreement had been breached and restoring control of leases to client).

Land development and zoning:  Since 2009, David has served as a member and then Solicitor to the Municipality of Bethel Park Zoning Hearing Board and represents property owners and developers in trial and appellate courts and before administrative tribunals, including planning commissions, zoning boards and local governing bodies.  Representative matters include a major hotel development in the City of Pittsburgh and Planned Residential Developments throughout Allegheny and Washington Counties.  See also Allegheny W. Civic Council v. ZBA of Pgh., 1334 CD 2013 (Pa. August 2, 2013) (defending zoning challenge in Commonwealth Court).  David regularly speaks on zoning and land development issues in continuing legal education classes in Western Pennsylvania.

Property and tax disputes:  David represents landowners in disputes over land, including boundary disputes, nuisance, trespass, quiet title and eminent domain.  Representative matters include McGinley v. Conn, GD 14-1850 (Allegheny County 2018) (jury trial verdict in favor of client in consentable boundary matter); Mooney v. Village Land Company, G.D. 13-12473 (Allegheny County 2013) (preliminary injunction in quiet title action); Appeal of De Terra LLC, No. 2017-4961 (Washington County 2018) (dispute over imposition of rollback taxes for preferential clean and green assessment); Senior Choice, Inc. v. Indiana County, et al., No. 2002-12128 (Indiana County Court of Common Pleas) (bench trial and verdict in favor of charitable exemption).  Since 2008, David has also served as the Solicitor to the Allegheny County Board of Property Assessment Appeals and Review.

Election law:  David has represented candidates and objectors in courts throughout Pennsylvania. In re: Nomination Petition of Gerald Carnicella, 106 MD 2016 (Pa. Commonwealth Ct.) (trial and dismissal of objections in senate race); In re Nomination Petition of Gales, 618 Pa. 93 (Pa. March 22, 2012) (diminutive nicknames on nomination petition are valid); In re Nomination Petition of Jason Altmire, 114 M.D. 2012 (Pa. March 2012) (defending challenge to nomination petitions of congressional candidate);  Esposito v. UCBR, 1575 CD 2014 (Pa. Cmmw. Ct. Sept. 4, 2014) (representing government agency and challenging award of unemployment benefits); In re Nomination Petition of Jesse White (Pa. March 23, 2015) (sufficiency of nomination petitions); Jackie Shogan v. Commonwealth of Pennsylvania (Pa. Cmmw. Ct., September 21, 2007) (representing candidate for appellate court in injunctive action against the Bureau of Elections).