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Publication Date: 2024-07-12
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 394 C.D. 2022
Trial court erred in upholding denial of conditional use application for B&B estate where applicant was entitled to variance from requirement that guest rooms utilize owner-occupied structures. Order of the trial court reversed, case remanded.
Publication Date: 2024-07-12
Practice Area: Civil Rights
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 928 C.D. 2022
Appellant prisoner appealed the trial court's order dismissing as frivolous his complaint asserting constitutional and pandemic safety protocol violations by Department of Corrections personnel. The court vacated and remanded for further proceedings where plaintiff plausibly alleged that prison officials violated the Eighth Amendment by placing him at risk of contracting COVID-19 when they failed to adhere to the Department's COVID-19 safety protocols and retaliated against him for filing associated grievances.
Publication Date: 2024-07-12
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 1324 C.D. 2020
Trial court erred in granting appeal nunc pro tunc appeal of license suspension for refusal of chemical testing where outcome of related DUI criminal charges was not relevant to the refusal of testing. Order of the trial court vacated.
Publication Date: 2024-07-12
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 48 C.D. 2023
Trial court erred in not requiring city to present its evidence first in hearing over an alleged zoning violation because §616.1(d) of the Municipalities Planning Code was mandatory and could not be waived. Reversed.
Publication Date: 2024-07-12
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 9 C.D. 2023
Refusal of chemical testing was conscious and voluntary where licensee's wrist discomfort did not prevent him from making a knowing decision and where police were not required to force arrestees to pay attention when being read implied consent warnings. Order of the trial court affirmed.
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Publication Date: 2024-07-12
Practice Area: Court Administration
Industry:
Court: Commonwealth Court
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 241 M.D. 2023
Respondent President Judge filed preliminary objections to petitioner's petition for review. The court sustained one of the preliminary objections and transferred the action to the Supreme Court of Pennsylvania, holding that it lacked original jurisdiction to resolve and grant relief regarding petitioner's challenges to administrative restrictions on cell phone use within the Court of Common Pleas.
Publication Date: 2024-07-12
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 290 C.D. 2023
Mortgagee was not entitled to mailed notice of pre-tax sale proceedings where they did not qualify as an "owner" under the Tax Sale Law. Order of the trial court affirmed.
Publication Date: 2024-07-12
Practice Area: Administrative Law
Industry: Food and Beverage | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 509 C.D. 2022
Licensee appealed the trial court's order upholding the Pennsylvania Liquor Control Board's denial of licensee's application to renew its restaurant liquor license. The court affirmed, concluding in pertinent part that sufficient evidence supported the determination that licensee did not operate a bona fide restaurant where licensee had a demonstrated history of failing to operate a restaurant and undertook remedial measures only when its restaurant liquor license was at risk of revocation.
Publication Date: 2024-07-12
Practice Area: Real Estate
Industry: Legal Services | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 140 C.D. 2022
Property owner appealed the trial court's order granting township's motion to enforce a settlement agreement. The court reversed, holding the trial court abused its discretion in finding the existence of a valid and enforceable settlement agreement where the parties' negotiations remained ongoing and owner's prompt repudiation of a suggested settlement deprived his attorney of express authority to settle on his behalf.
Publication Date: 2024-07-05
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 619 C.D. 2023
Applicant appealed from the trial court's order that affirmed the decision of a township zoning hearing board denying a special exception for a private recreational facility on applicant's property. The court affirmed, holding that there was no error in the denial of applicant's special exception use application where applicant failed to demonstrate that use of its property as a gun range was compatible, in nature and intensity, with the adjoining residential developments and the character of the zoning district and neighborhood where
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