• Barsky v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-09-20
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1079

    Board erred in finding claimant's appeal was untimely because board capriciously disregarded the certified mail tracking number evidence which, while it was insufficient to show timeliness under §101.82 of the board regulations, was relevant in relation to nunc pro tunc relief under the extraordinary circumstances of this case. Vacated.

  • Dockery v. Wolf

    Publication Date: 2021-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0854

    Petition challenging sentencing statute as unconstitutionally vague was properly cognizable as a challenge to an illegal sentence, which was required to be heard by the common pleas court as a PCRA petition. Preliminary objections sustained, case transferred.

  • Henry v. Wolf

    Publication Date: 2021-07-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0766

    Court sustained governor's preliminary objection asserting lack of jurisdiction in petitioner's action asserting 18 Pa.C.S. §1102(a) was unconstitutionally vague because petitioner's claim was cognizable under the Post Conviction Relief Act and court transferred the matter. Preliminary objection sustained.

  • Walsh v. Isabella

    Publication Date: 2021-07-05
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0765

    Trial court did not err in denying appellant's third and fourth motions to terminate coalition's conservatorship of a blighted property under the Abandoned and Blighted Property Conservatorship Act because trial court's alleged failure to comply with time restraints in §5(a) did not deprive court of jurisdiction and appellant failed to cite any provision of the act requiring a trial court to hold a hearing on a motion to terminate. Affirmed.

  • Cole v. Pa. Dep't of Envtl. Prot.

    Publication Date: 2021-06-28
    Practice Area: Administrative Law
    Industry: Energy | Federal Government | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0744

    The Environmental Hearing Board erred when it dismissed petitioners' administrative appeal of a Department of Environmental Protection approval of an interstate natural gas transmission infrastructure plan, as the appeal did not fall within the exclusive jurisdiction of the third circuit under §717r(d)(1) of the federal Natural Gas Act because it was not a "civil action." The appellate court reversed.

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  • Ivy Hill Congregation of Jehovah's Witnesses v. Dep't of Human Serv.

    Publication Date: 2021-06-28
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0732

    DHS filed preliminary objections and petitioner filed for summary relief in its action asking for a declaration that its elders were entitled to the protections in §6311.1(b)(1) of the Child Protective Services Law and §5943 of the judicial code and court found petitioner had standing and law enforcement officials were not necessary parties but there was no evidentiary record on which to provide summary relief. Preliminary objections overruled, summary relief denied.

  • Barris v. Stroud Twp.

    Publication Date: 2021-06-14
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0665

    The trial court erred in finding that Stroud Township's firearm ordinance, which restricted the right to use personal property as a private shooting range to just two zoning districts, was facially constitutional as the ordinance burdened more conduct than necessary to meet the important governmental interests at issue. The commonwealth court reversed.

  • Bell v. Wilkinsburg Sch. Dist.

    Publication Date: 2021-05-03
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0491

    The trial court committed an error of law by failing to conclude that the Wilkinsburg School District violated § 23.2 of the State Board of Education's regulations by providing certain charter school students with public transportation bus passes as a means of transportation to their charter schools without first obtaining approval. The appellate court reversed and remanded.

  • Choe v. From the Decision of the Philadelphia Bd. of Revision of Taxes

    Publication Date: 2021-05-03
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0495

    Conversion of residential rental units in redeveloped building into condominium units did not restart previously-granted 10-year property tax abatement term, as the term expressly started when the city previously issued certificates of occupancy for the building. Order of the trial court affirmed.

  • Amazing Grace Dental v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-04-05
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0359

    The Unemployment Compensation Board of Review did not err in concluding that claimant's usage of employer's business phone did not rise to the level of willful misconduct where claimant's actions did not unreasonably prevent employer's business line from operating. The commonwealth court reversed on other grounds.