• Pennsylvania Sch. Bd. Ass'n, Inc. v. Mumin

    Publication Date: 2024-05-31
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 409 M.D. 2023

    Department of Education improperly promulgated new age-out rules under the Individuals with Disabilities Education Act by failing to follow mandatory rulemaking procedures as the rules had the force of law and materially affected school districts' budgeting. Petitioners' application granted, respondents' cross-application denied.

  • In re: Appeal of Heinz

    Publication Date: 2024-05-31
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1231 C.D. 2022

    Notice of violations of speeding statute pursuant to automated speeding enforcement systems was not unconstitutional where the speeding fine was a civil penalty and violators were afforded notice and opportunity to contest the alleged violation. Order of the trial court affirmed.

  • In re Appeal of Sposato

    Publication Date: 2024-05-17
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 135 C.D. 2020

    Trial court erred in denying nunc pro tunc relief to appellants in their challenge to their 2019 property assessment because Board of Revision of Taxes was negligent in not mailing appellants notice of the reassessment and appellants filed an appeal with BRT as soon as they received their 2019 tax bill, which was the first time they received notice that their property had been reassessed. Reversed.

  • Buffalo & Pittsburgh R.R., Inc. v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2024-05-17
    Practice Area: Transportation
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 489 C.D. 2023

    Petitioner sought review of respondent's decision requiring petitioner to remove three abandoned railroad bridges over township roads. The court affirmed, concluding that substantial evidence supported respondent's decision where the bridges presented hazards of falling concrete, offered no benefit to the public, and created roadway hazards due to their narrow design.

  • 22nd St. Auto Ctr. v. Commonwealth

    Publication Date: 2024-05-17
    Practice Area: Administrative Law
    Industry: Automotive | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1326 C.D. 2022

    Appellants appealed the trial court's orders overruling their appeal of Commonwealth's administrative suspension of their official certifications as an auto safety inspection center and safety inspector. The court vacated the trial court's orders and remanded for further proceedings where the trial court failed to explain whether it considered modifying Commonwealth's penalties after it made new findings that Commonwealth failed to prove certain inspection violations were present at the time appellants inspected a deteriorated motor v

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  • Mroz v. Unemployment Comp. Bd. of Review

    Publication Date: 2024-05-03
    Practice Area: Labor Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1028 C.D. 2020

    Worker was ineligible for unemployment compensation where he left work during the COVID-19 pandemic without specifically identifying how employer's safety measures failed to address his health and safety concerns. Order of the Unemployment Compensation Board of Review affirmed.

  • 22nd St. Auto Ctr. v. PennDOT, Bureau of Motor Vehicles

    Publication Date: 2024-04-26
    Practice Area: Administrative Law
    Industry: Automotive | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1326 C.D. 2022

    Court remanded appeal of vehicle safety inspection licenses where trial court made new factual findings that could support modifying DOT's penalty and where the trial court failed to expressly find whether misrepresentations on inspection form were fraudulent or simply the product of carelessness. Orders of the trial court vacated, case remanded.

  • Gustafson v. Am. Fed'n of State, County and Municipal Employees, Council 13

    Publication Date: 2024-03-08
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1298 C.D. 2022

    Claim that union discriminated against non-member in failing to fairly represent her during grievance proceedings did not implicate unfair labor practices under the Public Employee Relations Act. Order of the trial court reversed, case remanded.

  • E&R Partners, LP v. Robinson Twp. Zoning Hearing Bd.

    Publication Date: 2024-03-08
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 831 C.D. 2022

    Landowner was not required to file a timely appeal from an enforcement notice that failed to comply with the notice requirements under the Municipalities Planning Code as the MPC's time limits were intended to protect appellants from municipalities' dilatory behavior or misconduct. Order of the trial court affirmed.

  • Humphreys v. SureTec Ins. Co.

    Publication Date: 2024-03-01
    Practice Area: Insurance Law
    Industry: Insurance | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1 BIC 2023

    Court overruled defendant's preliminary objections to insurance liquidator's action seeking to void money transferred by defendant under a supersedeas bond because court found that contrary to defendant's argument, insurer's liability for the judgment underlying the action was not contingent upon the order affirming the case but insurer's liability attached as soon as the district court entered its Nov. 30, 2020 court order. Preliminary objections overruled.