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Publication Date: 2023-03-27
Practice Area: Administrative Law
Industry: Entertainment and Leisure | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 249 M.D. 2021
Respondents filed preliminary objections to petitioner's petition seeking declaratory and injunctive relief regarding an application for a category 4 slot machine license and court found a material factual dispute existed as to ownership of LLC applying for the license and petitioner was questioning whether the board had the authority to consider the application. Preliminary objections overruled.
Publication Date: 2023-03-20
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 218 M.D. 2022
Sovereign immunity barred mandamus relief requiring state agency to take affirmative, corrective action, regarding the agency's operation and such relief was unavailable where the underlying statute was not precise as to the nature of the alleged ministerial duty to be performed. Petitioners' preliminary objection overruled, respondent's preliminary objections granted in part, case dismissed.
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: 2023-02-20
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: 2023-02-13
Practice Area: Health Care Law
Industry: Health Care | Insurance | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 420 C.D. 2022
Fee review officer erred in ordering petitioner to reimburse insurer where insurer overpaid for a procedure because hearing office lacked the statutory authority to impose the remedy of reimbursement. Reversed.
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Publication Date: 2023-01-09
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1251 C.D. 2021
Timely submission of CBA proposal and finalizing of agreement mooted union's challenge to city's adoption of ordinance requiring public hearing for city's contract proposal, since there was no longer an active controversy and the dispute was not certainly capable of repetition yet evading review. Order of the trial court reversed.
Publication Date: 2022-09-05
Practice Area: Tax
Industry: Non-Profit | Real Estate
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0991
The trial court did not err in finding that applicant's preservation of a historic resource constituted an advancement of a charitable purpose and that applicant had otherwise satisfied the requirements for a purely public charity in Hospital Utilization Project v. Commonwealth and the Institutions of Purely Public Charity Act. The appellate court affirmed in part and reversed in part.
Publication Date: 2022-08-08
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0878
Workers' compensation appeal board properly affirmed WCJ's decision granting employer's petition to modify claimant's benefit status from total disability to partial disability because act 111 of 2018, which replaced former §306(a.2) of the Worker's Compensation Act with §306(a.3), was not unconstitutional. Affirmed.
Publication Date: 2022-08-01
Practice Area: Administrative Law
Industry: Health Care | Recruitment and Staffing
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0851
A claimant is presumed to be able and available for work when she applies for unemployment benefits; however, that presumption was rebutted in this case with evidence that claimant refused available work due to her school commitments, making her ineligible for benefits under §401(d)(1) of Unemployment Compensation Law. The appellate court reversed.
Publication Date: 2022-07-18
Practice Area: Evidence
Industry: Construction | Education
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0801
Trial court properly denied school district's exceptions to special master's reports on a motion to compel documents in action over the collapse of a retaining wall during school construction because attorney-client privilege did not protect disclosure of underlying facts by those who communicated with the attorney and project participants who were present at district's meeting with attorney were not district's agents but were third parties in a potential adversarial position with district. Affirmed.
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