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Publication Date: 2023-04-24
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 1452 C.D. 2021
Trial court erred in affirming board's approval of development plan because the board vote, as conducted, was improper since one supervisor improperly abstained and board erred by approving the preliminary plan without requiring developer to obtain a special exception. Vacated and remanded.
Publication Date: 2023-04-24
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 862 C.D. 2021
Parole board erred in applying the fugitive disentitlement doctrine to petitioner's administrative challenges to the recalculation of his maximum parole date because court was not inclined to extend the doctrine's application to cases involving administrative rights. Vacated and remanded.
Publication Date: 2023-04-17
Practice Area: Administrative Law
Industry: Construction | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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for defendant:
Case Number: 576 C.D. 2022
Prevailing Wage Appeals Board erred in determining the Prevailing Wage Act applied to developer's lease to build a facility for the state police to occupy and pay rent on because board erred in holding the lease was not a bona fide lease, improperly gave no weight to fact that developer held a reversionary interest in the building under construction and developer's recoupment of its construction costs through rental payments did not transform a lease into a "disguised construction contract." Reversed.
Publication Date: 2023-04-10
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 1426 C.D. 2021
Condemnees argued trial court erred in dismissing their objections to declarations of taking and court found its consideration of the appeal was impeded by the lack of specific findings of fact in the record and the matter had to be remanded to address issues as to how authority actually planned to use the properties and to whom the primary benefits would accrue. Vacated and remanded.
Publication Date: 2023-04-10
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 138 M.D. 2023
Unsworn declaration attached to election nomination petition could serve same effect as sworn declaration pursuant to the Declarations Act. Objection petition denied.
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Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2023-04-10
Practice Area: Damages
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
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for defendant:
Case Number: 1422 C.D. 2021
Trial court erred in denying city's motion for JNOV and its challenge to the derivative damage award in plaintiffs' action for trespass, private nuisance, negligence and violations of the Stormwater Management Act because derivative damages for "past, present and future loss of enjoyment of their property" as well as "annoyance and inconvenience" were not permitted. Vacated and remanded.
Publication Date: 2023-04-03
Practice Area: Labor Law
Industry: Automotive | Manufacturing
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 680 C.D. 2021
Section 2102 of the Medical Marijuana Act did not preclude a workers' compensation carrier or employer from fulfilling its obligations under the Workers' Compensation Act to reimburse an employee for costs of medical marijuana treatment deemed reasonable and necessary to treat a work injury. Order of the Workers' Compensation Appeal Board reversed and remanded in part.
Publication Date: 2023-04-03
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1026 C.D. 2021
Pittsburgh's rental ordinance fell outside the scope of the city's authority under the Home Rule Law where it imposed various affirmative duties upon landlords that were not authorized by state law. Order of the trial court reversed.
Publication Date: 2023-04-03
Practice Area: Labor Law
Industry: Automotive | Insurance
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 824 C.D. 2021
The Workers' Compensation Act required employer to reimburse claimant for out-of-pocket medical marijuana costs incurred as reasonable and necessary treatment for a work-related injury. The court reversed the Workers' Compensation Board's denial of the portion of claimant's review medical petition to treatment and/or billing that sought such reimbursement.
Publication Date: 2023-03-27
Practice Area: Tax
Industry: Health Care | Non-Profit
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1282 & 1286 C.D. 2021
Overbroad and unnecessarily detailed Rule 1925(b) statement supported finding waiver of appellant's issues, which lacked merit as there was evidence indicating appellant could not meet the factual or legal requirements for a non-profit property tax exemption. Appeal is dismissed.
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