Highlights

Practice Areas & Industries

Bar/Court Admissions

  • Pennsylvania

Education

  • J.D., University of Pittsburgh School of Law
  • B.A., History, Yale University
Share |

Alice B. Mitinger

Alice B. Mitinger
Director
412.297.4652
amitinger@cohenlaw.com

In over 20 years of practice, Alice has had significant experience in land use litigation and development and with appellate, regulatory, administrative, and election law issues.  She has appeared before municipal governing bodies and zoning hearing boards throughout Western Pennsylvania, and recently served a 3-year term as a member of the Zoning Board of Adjustment for the City of Pittsburgh.  Her appellate practice has included cases before the United States Supreme Court, the United States Court of Appeals for the Third Circuit, and the Pennsylvania Supreme, Superior, and Commonwealth Courts, with a particular focus on matters within the jurisdiction of the Commonwealth Court.

Alice has represented a wide variety of clients, including wireless telecommunications providers, landfill companies, independent power producers, real estate developers, and the Commonwealth’s Department of Community and Economic Development.

Representative Experience

  • Represented the Pennsylvania Department of Community and Economic Development in matters involving the Municipalities Financial Recovery Act (“Act 47”) and the fiscal recovery plan for the City of Scranton
  • As a member of the Zoning Board of Adjustment, authored a number of significant decisions involving developments throughout the City of Pittsburgh
  • Represented wireless communications providers and related site acquisition companies in over 300 zoning proceedings and related litigation throughout Western Pennsylvania in developing comprehensive communications networks
  • Represented owner of tires-to-energy power plant in obtaining land use approvals to operate
  • Participated in appeal involving the siting and development of riverfront casino
  • Involved in appeal establishing scope of statewide preemption associated with local regulation of gas and drilling operations under the Pennsylvania Oil & Gas Act
  • Successfully challenged several municipal exclusions of telecommunications facilities and obtained site specific relief to allow proposed facilities, through litigation before the United States District Court for the Western District of Pennsylvania, the Court of Appeals for the Third Circuit, and Pennsylvania Common Pleas and Commonwealth Courts
  • Prevailed in overcoming spot zoning challenge to a significant municipal sanitary landfill expansion in litigation before the municipality, Common Pleas Court, and Commonwealth Court
  • Involved in a two-month hearing before municipal council and subsequent appeals related to exclusionary zoning and conditional use applications, ultimately establishing the right of a landfill to undergo major expansion
  • Successfully defended a “piercing the corporate veil” claim against a limited liability company and established that a jury trial is not a matter of right with respect to an equitable claim
  • Involved in various election law proceedings, including challenge to absentee ballot provision of the Pennsylvania Election Code in litigation before the Allegheny County Board of Elections, the Common Pleas Court, the Commonwealth Court, Pennsylvania Supreme Court, and the United States District Court for the Western District of Pennsylvania
  • Represented independent electric power producers in litigation against electric utilities under the Public Utility Regulatory Policies Act, before the Pennsylvania Public Utility Commission, the Commonwealth Court, the Pennsylvania Supreme Court, the Federal Energy Regulatory Commission, and the United States Supreme Court

Additional Roles

  • President, Board of Trustees, Pittsburgh Arts & Lectures (2009 – present)
  • Member, Board of Trustees, Carnegie Library of Pittsburgh (2004 – present)
  • Member, Board of Trustees and Audit Committee, Carnegie Museums of Pittsburgh (2004 – present)
  • Co-Director, Alumni Schools Committee, Yale Club of Pittsburgh
  • Member and Secretary, Board of Trustee, The Ellis School (2002 – 2010)
  • Member, Zoning Board of Adjustment for the City of Pittsburgh (2005 – 2009)
  • Member, Allegheny County Jail Warden Search Committee (2004)