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Publication Date: 2024-07-12
Practice Area: Real Estate
Industry: Legal Services | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 140 C.D. 2022
Property owner appealed the trial court's order granting township's motion to enforce a settlement agreement. The court reversed, holding the trial court abused its discretion in finding the existence of a valid and enforceable settlement agreement where the parties' negotiations remained ongoing and owner's prompt repudiation of a suggested settlement deprived his attorney of express authority to settle on his behalf.
Publication Date: 2024-06-07
Practice Area: Corporate Governance
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge Dumas
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for defendant:
Case Number: 1079 C.D. 2022
Orphans' court erred in denying church's request for a decree validating the August 2018 and 2019 elections and votes for church trustees and the February 2019 votes removing the pastor because some of orphans' court's findings regarding bylaw and vote requirements were unsupported by competent and adequate evidence of record, its reasoning was internally inconsistent and contradictory, and its interpretation of the bylaws notice provision was ordinarily barred by the rules of construction. Vacated and remanded.
Publication Date: 2024-06-07
Practice Area: Public Records
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Dumas
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Case Number: 833 C.D. 2022
Court reversed order requiring production of railroad operating agreements where such agreements might not have been responsive to the Right-to-Know Law request and where trial court's apparent failure to review the agreements meant its decision was not supported by sufficient record evidence. Order of the trial court vacated and remanded.
Publication Date: 2024-05-24
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 546 M.D. 2022
Employee adequately pled whistleblower retaliation where she alleged that she reported employer's failure to maintain sanitary working conditions by reporting the presence of mold in the office. Respondent's preliminary objections sustained in part and overruled in part.
Publication Date: 2024-04-19
Practice Area: Land Use and Planning
Industry: Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 1354 C.D. 2021
Use variance applicant failed to present sufficient evidence of unnecessary hardship where prior uses were irrelevant as the zoning code had been amended to expressly prohibit the proposed use and where Zoning Board of Adjustment was free to discredit applicant's expert's opinions. Order of the trial court reversed.
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Publication Date: 2024-03-22
Practice Area: Land Use and Planning
Industry: Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
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Case Number: 90 C.D. 2021
Second Amendment rights did not encompass the right to be able to commercially distribute or sell firearms, such that zoning ordinance limiting district where gun shops were a permissible use did not run afoul of the second amendment. Order of the trial court affirmed in part and vacated and remanded in part.
Publication Date: 2024-03-22
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 1355 C.D. 2021
City appealed trial court's preliminary findings in city's action for a trial de novo in a condemnation action and court quashed the appeal because trial court's order was not a decree confirming, modifying, or changing the board's report and numerous issues of fact and mixed fact and law remained. Appeal quashed.
Publication Date: 2024-03-22
Practice Area: Employment Compliance
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 180 C.D. 2023
Municipal hearing officer abused discretion in declining employee's request for continuance to depose or cross-examine examining physician where the physician's opinion was integral to the denial of the employee's application for a disability pension. Order of the trial court vacated, case remanded.
Publication Date: 2024-03-08
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 1487 C.D. 2022
Board appropriately found claimant was disqualified for unemployment compensation benefits, where he was discharged for willful misconduct for refusing COVID-19 vaccination or weekly testing, because employer's policy was reasonable and claimant failed to establish good cause for his failure to comply with the policy. Affirmed.
Publication Date: 2024-01-22
Practice Area: Tax
Industry: Mining and Resources
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 347 C.D. 2022
Department of Labor and Industry had sufficient evidence to determine a de facto merger occurred between defunct company that owed unemployment compensation taxes and new entity that purchased the defunct company's assets, including the similarity in the entities' names and the continuity of their ownership/management. Order of the Department of Labor and Industry affirmed.
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