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Publication Date: 2023-02-27
Practice Area: Tax
Industry: Health Care | Non-Profit | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1279, 1280, 1283 & 1284 C.D. 2021
Property tax exemption denied where executive compensation structure, management fees, and lack of gratuitous services indicated that purportedly non-profit hospital was being operated with a profit motive. Appeal and application for relief dismissed.
Publication Date: 2023-02-27
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 102 MM 2022
Election code required absentee/mail-in ballots to have a valid date on the return envelope, and the failure to have the date rendered the ballot invalid as a matter of law. Petitioners' request for relief granted in part.
Publication Date: 2023-02-27
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1221 C.D. 2020
Trial court erred in directing judgment in favor of authority for delinquent sewer and water fees because authority did not formally file its lien prior to the sheriff's sale and appellant, who bought the property at the sheriff's sale without notice of the delinquent fees, was a bona fide purchaser without notice of the lien and §3(a)(1) of the Municipal Claims and Tax Liens Act did not state or even suggest that a municipal lien would survive such a sale. Reversed.
Publication Date: 2023-02-27
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 1208 C.D. 2021
Request for police body camera footage dismissed as moot where requestor sought the footage to use in his defense against criminal charges but requestor was ultimately acquitted of those charges, and inadequate records retention policies had been amended to prevent future inadvertent deletion of footage. Order of the trial court affirmed.
Publication Date: 2023-02-27
Practice Area: Tax
Industry: Health Care | Non-Profit | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1217 C.D. 2021
Trial court erred in granting real property tax exempt status to hospital because hospital did not meet the HUP test because tying executive bonus incentives to hospital's financial performance indicated a private profit motive and hospital did not show the reasonableness of the administrative and management fees it paid to health system, which was the sole member of hospital LLC. Reversed.
Law Journal Press | Digital Book
Authors: George J. Kenny, Frank A. Lattal
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Publication Date: 2023-02-20
Practice Area: Employment Litigation
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 1:20-CV-02160
Plaintiff was an at-will employee with no protected interest in his continued employment with the state, and he could not overcome this status by relying on purported representations in an employee personnel manual to establish grounds for a procedural due process claim. The court granted defendant's motion for summary judgment.
Publication Date: 2023-02-20
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 5781 CV 2022
The court granted plaintiff landowner's petition to set aside an upset tax sale on the grounds that the tax bureau failed to present any credible evidence that they complied with the notice and service requirements under 72 P.S. §§5850.602 and 5850.607a of the Real Estate Tax Sale Law.
Publication Date: 2023-02-20
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 1431 C.D. 2021
Board erred in concluding the Impairment Rating Evaluation had no application in this case because the IRE provisions in §306(a.3) of act 111 did not apply to injuries that occurred before June 24, 1996 and court found claimant's IRE occurred after the enactment of act 111, it did not constitute a retroactive application of the law and employer was permitted to seek a modification based on the IRE. Reversed.
Publication Date: 2023-02-20
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 902 C.D. 2021
City appealed trial court's finding that it effectuated a de facto taking after landslide on city property left landowners' property condemned as unsafe and court found city had the police power to determine whether landowners' structure was structurally sound and to require studies of the structural safety of the foundation as part of the permitting process, city did not exercise the power of eminent domain and landowners failed to establish a de facto taking. Reversed.
Publication Date: 2023-02-20
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 1315 C.D. 2021
DOT appealed trial court's order sustaining the pro se nunc pro tunc appeal of driver whose operating privilege was suspended for one year as a consequence of his refusal of chemical testing and court found trial court did not make any determination regarding driver's failure to timely file his appeal and had no jurisdiction. Vacated and remanded.
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