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Publication Date: 2024-01-15
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 1473 C.D. 2022
Trial court erred in affirming zoning board's grant of a special exception and dimensional variances because landowners did not carry their burden of establishing that they met the requirements for the board to issue numerous dimensional variances and a special exception for former church property in a R-2 residential zone. Reversed.
Publication Date: 2024-01-15
Practice Area: Real Estate
Industry: Automotive | State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: 23-01065
The court granted petitioner's petition to set aside the upset tax sale conducted by the Lycoming County Tax Sale Bureau.
Publication Date: 2024-01-15
Practice Area: Real Estate
Industry: State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-01,153
The court granted petitioner's objections/exceptions to the upset sale of his property for unpaid taxes due to the Tax Claim Bureau's failure to strictly comply with the notice provisions of the Real Estate Tax Sale Law, 72 P.S. §§5860.101, 602(a), (e), which required notice to the property owner of the impending sale by publication, posting and by certified mail, restricted delivery, return receipt requested and, if those efforts are unsuccessful, to make reasonable efforts to notify the owner.
Publication Date: 2024-01-15
Practice Area: Transportation
Industry: Aerospace | Federal Government | Non-Profit | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff: Steven M. Taber, Leech Tishman Fuscaldo & Lampl, Pasadena, CA for petitioners.
for defendant: Justin Heminger, United States Department of Justice Environment & Natural Resources Division, Washington, DC; Rebecca Jaffe, United States Department of Justice Environment & Natural Resources Division, Washington, DC; Peter J. Kirsch, W. Eric Pilsk, Washington, DC for respondents.
Case Number: 22-1965
Court affirmed Federal Aviation Administration approval of new airport terminal construction where the record supported the FAA's determination that the project would not independently cause an adverse environmental impact and where the project had independent utility due to the complete inadequacy of the existing terminal.
Publication Date: 2024-01-15
Practice Area: Public Records
Industry: Construction | Real Estate | State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Coyle
Attorneys: For plaintiff:
for defendant:
Case Number: 2125
Appellants challenged the court's order denying their appeal of a final determination of the Philadelphia District Attorney's Office that had granted their document request in part pursuant to the Right-to-Know Law. The court concluded that its order should be affirmed and the appeal denied where the appeal was untimely filed and was unsupported on the merits of appellants' claims that they were provided an inauthentic document and that City acted in bad faith in handling their document request.
Law Journal Press | Digital Book
Authors: Ron M. Campbell
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Publication Date: 2024-01-15
Practice Area: Landlord Tenant Law
Industry: Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1200 C.D. 2022
Appellant tenant appealed her eviction after a shooter shot someone who attended her birthday party at her unit and court found the trial court erred in determining that the open nature of her party was sufficient to establish that shooter constituted an "Other Person under the Tenant's Control" in the absence of evidence that tenant invited shooter to the premises. Reversed.
Publication Date: 2024-01-15
Practice Area: Public Utilities
Industry: Energy | Federal Government | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Roth
Attorneys: For plaintiff: Elbert Lin, Charles D. Wallace, III, Hunton Andrews Kurth, Richmond, VA; John L. Shepherd, Jr., Hunton Andrews Kurth, Washington, DC; Paul W. Hughes, McDermott Will & Emery, Washington, DC; Kriss E. Brown, Christian A. McDewell, Pennsylvania Public Utility Commission, Harrisburg, PA; Thomas G. Lindgren, Werner L. Margard, III, Office of Attorney General of Ohio, Columbus, OH; Jeffrey W. Mayes, Monitoring Analytics, Eagleville, PA; Denise C. Goulet, McCarter & English, Washington, DC for petitioners.
for defendant: Jared B. Fish, Federal Energy Regulatory Commission, Washington, DC; Danielle C. Fidler, Earthjustice Legal Defense Fund, Washington, DC; Peter Hopkins, Amber L. Martin Stone, Jeffrey A. Schwartz, Scott H. Strauss, Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Matthew Price, Jenner & Block, Washington, DC; Miles H. Mitchell, Maryland Public Service Commission, Baltimore, MD; David C. Apy, Office of Attorney General of New Jersey Division of Law, Trenton, NJ; Robert A. Weishaar, Jr., McNees Wallace & Nurick, Washington, DC; Ryan J. Collins, Paul M. Flynn, Wright & Talisman, Washington, DC; Caroline Reiser, Natural Resources Defense Council, Washington, DC; Casey Roberts, Sierra Club, Denver, CO; Megan C. Wachspress, Sierra Club Environmental Law Program, Oakland, CA; Sarah A. Hunger, Office of Attorney General of Illinois, Chicago, IL Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Adrienne E. Clair, Thompson Coburn, Washington, DC; Daniel E. Frank, Allison Speaker, Eversheds Sutherland, Washington, DC; Andrew D. Cordo, Shannon E. German, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; Gerit Hull, American Municipal Power, Columbus, OH; John E. McCaffrey, III, American Public Power Association, Arlington, VA; Anthony J. Corino, PSEG Corporation, Newark, NJ for respondents.
Case Number: 21-3068
FERC commissioners' statements following deadlock over proposed tariff were sufficient to demonstrate that the agency's "action through inaction" found the tariff just and reasonable.
Publication Date: 2024-01-08
Practice Area: Civil Procedure
Industry: State and Local Government
Court: Courts of Common Pleas, Chester County
Judge: Judge Hall
Attorneys: For plaintiff:
for defendant:
Case Number: 1522- 1742
Petitioner filed an amended petition for affirmation in application for Italian dual citizenship. The court denied the petition for lack of jurisdiction.
Publication Date: 2024-01-08
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1275 C.D. 2022
Trial court erred in denying inmate's in forma pauperis petition and holding his claims were frivolous because inmate's complaint was timely, he did not have to comply with the statutory notice provision in 42 Pa. C.S. §5522(a)(1) and factual development was needed to determine if correction officers' alleged actions were within the scope of their employment so as to entitle them to sovereign immunity. Reversed.
Publication Date: 2024-01-08
Practice Area: Personal Injury
Industry: State and Local Government | Transportation
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Crumlish
Attorneys: For plaintiff:
for defendant:
Case Number: 200401372
The court, in a §1925(a) opinion, urged affirmance of its order denying Southeast Pennsylvania Transportation Authority's motion for post-trial relief following a jury verdict in favor of a SEPTA passenger who suffered a tear in his bicep muscle when the bus he was riding on as a standing passenger exhibited extraordinary movement that was not covered by the "jerk and jolt" defense urged by SEPTA.
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