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Publication Date: 2021-09-20
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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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.
Publication Date: 2021-07-26
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Brobson
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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.
Publication Date: 2021-07-05
Practice Area: Criminal Appeals
Industry:
Court: Commonwealth Court
Judge: Judge Brobson
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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.
Publication Date: 2021-07-05
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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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.
Publication Date: 2021-06-28
Practice Area: Administrative Law
Industry: Energy | Federal Government | State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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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.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2021-06-28
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
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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.
Publication Date: 2021-06-14
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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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.
Publication Date: 2021-05-03
Practice Area: Education Law
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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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.
Publication Date: 2021-05-03
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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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.
Publication Date: 2021-04-05
Practice Area: Administrative Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Brobson
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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.
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