• Friends of Lackawanna v. Dunmore Borough Zoning Hearing Bd.

    Publication Date: 2018-05-22
    Practice Area: Administrative Law | Land Use and Planning
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0616

    Trial court erred in striking objectors' appeal of the zoning board's holding that objectors lacked standing to appeal the zoning officer's pre-liminary opinion approving a landfill expansion because board erred in finding that objectors lacked standing since the discernable effects on objectors' use and enjoyment of their properties were not merely aesthetic concerns and raised legitimate concerns about air quality and health. Reversed and remanded.

  • Seda-Cog Joint Rail Auth. v. Carload Express, Inc.

    Publication Date: 2018-05-22
    Practice Area: Government
    Industry: Cargo and Shipping
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0618

    Trial court erred in granting summary judgment in favor of authority, in dispute over the award of an operating agreement. Reversed.

  • Kerr v. Commonwealth

    Publication Date: 2018-05-22
    Practice Area: Civil Procedure | Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0613

    Petitioner's exceptions were overruled in his appeal of the denial of his petition as untimely filed because, despite having been advised of his appeal rights by October 22, 2009 at the latest, petitioner waited one and one-half years before filing his petition and he provided no explanation for the delay other than an alleged non-receipt of the notice, which was belied by the undisputed facts. Exceptions overruled.

  • A Pocono Country Place Prop. Owners Assoc., Inc. v. Kowalski

    Publication Date: 2018-05-22
    Practice Area: Corporate Governance | Real Estate
    Industry: Non-Profit | Real Estate
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0602

    Defendant behavior toward other board directors of a planned community homeowners' association was boorish and unprofessional, but it did not warrant judicial intervention to remove him as a director under §5726(c) of the Nonprofit Corporation Law because it did not constitute fraud, dishonesty or gross mismanagement. The appellate court affirmed the trial court's denial of plaintiffs' petition.

  • Clean Air Council v. Sunoco Pipeline L.P.

    Publication Date: 2018-05-15
    Practice Area: Civil Procedure | Land Use and Planning
    Industry: Energy | Non-Profit
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0563

    The trial court lacked subject matter jurisdiction to hear plaintiffs' challenges to defendant's use of eminent domain to construct two natural gas liquid pipelines since the Eminent Domain Code provided the exclusive procedure for challenging defendant's power and right to condemn property under the state and federal constitutions. The court reversed and remanded in part.

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  • Haugh v. Pennsylvania Liquor Control Bd.

    Publication Date: 2018-05-15
    Practice Area: Administrative Law | Regulation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0578

    The liquor control board did not err or abuse its discretion in granting townships petition for an exemption from the amplified sound re-strictions for a liquor-licensed premises because case law showed that the noise standard in the townships ordinance was not subjective, nothing in the liquor code required a municipalitys noise ordinance to be as restrictive as the amplified sound restrictions in the liquor code and the township and police enforced the noise ordinance regardless of whether complaints were made from within or outs

  • Retail Energy Supply Assn v. Pennsylvania Pub. Util. Commn

    Publication Date: 2018-05-15
    Practice Area: Public Utilities
    Industry: Energy
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0570

    Limitation on service terms from electricity generation suppliers to low-income customers within scope of PUCs authority where necessary to remedy problem of customers exhausting subsidies on EGSs charging more than the default rate. Order of the Public Utility Commission affimed.

  • Gregory v. Pennsylvania State Police

    Publication Date: 2018-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0577

    Petitioner was entitled to summary relief on the count in his petition asserting that applying SORNA to him would violate the ex post facto clauses of the United States and Pennsylvanias constitutions because petitioner committed his crimes and entered his plea of nolo contendere long before SORNA went into effect and when the registration requirements for attempted rape and rape were much less onerous. Petition granted.

  • Keystone ReLeaf LLC v. Dept of Health

    Publication Date: 2018-05-08
    Practice Area: Administrative Law | Regulation
    Industry: Pharmaceuticals
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0518

    Petitioner failed to exhaust its administrative remedies in its challenge to the department of healths processing of dispensary permit ap-plications because petitioner did not present a facial constitutional challenge to the act or temporary regulations so the constitutional exception to the doctrine of exhaustion of remedies did not apply and petitioner did not show that the departments administrative remedy was inadequate. Petition dismissed.

  • HPM Consulting v. Unemployment Compensation Bd. of Review

    Publication Date: 2018-05-01
    Practice Area: Administrative Law | Labor Law
    Industry: Consulting
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0506

    Claimant was not an independent contractor where he did not set out his rate of pay or hold himself out as being in business for himself, but record was insufficient to determine whether claimant was employed by the alleged employer. Order of the UCBR affirmed in part and reversed in part, case remanded.