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Publication Date: 2024-07-12
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 290 C.D. 2023
Mortgagee was not entitled to mailed notice of pre-tax sale proceedings where they did not qualify as an "owner" under the Tax Sale Law. Order of the trial court affirmed.
Publication Date: 2024-07-05
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
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Case Number: 581 C.D. 2021
Property owners were not entitled to board of viewers where replacement of highway interchange constituted a "reconstruction" permitted under the existing permanent easement and there was no evidence of impairment of use or value of the property. Order of the trial court affirmed.
Publication Date: 2024-06-21
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1034 C.D. 2022
Appellant property owner appealed the trial court's order granting objectors' land use appeal. The court reversed, holding that owner's parcel was subject to a special city zoning code provision governing corner lots, which ultimately meant the property had no front yard setback requirements in light of the zoning district where it was situated.
Publication Date: 2024-05-17
Practice Area: Criminal Law
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 415 C.D. 2021
Appellant appealed the trial court's orders convicting him of two summary offenses under the Game and Wildlife Code. The court reversed in part, affirmed in part, and remanded to the trial court for resentencing. The court held that appellant's charge under Game Code section 2307(a) should have been dismissed where the citation failed to set out the specifics of the alleged violation. Appellant was properly convicted under section 2504(a), however, where he shot an elk within ten feet of a roadway.
Publication Date: 2024-05-17
Practice Area: Criminal Law
Industry: Non-Profit | Travel and Tourism
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 414 C.D. 2021
Appellant appealed the trial court's orders convicting him of summary offenses under the Game and Wildlife Code. The court reversed in part, affirmed in part, and remanded to the trial court for resentencing. The court held in pertinent part that the trial court erred in finding a hunting guide guilty of violating Game Code section 2308(a)(7), prohibiting the use of a vehicle for hunting, where the guide drove a hunting party to a planned destination before they disembarked and hunted elk on foot from an adjacent field.
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Publication Date: 2024-03-22
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
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Case Number: 98 C.D. 2023
Petitioner appealed the denial of his request for administrative relief from parole board's decision recommitting him as a convicted parole violator and court found board's choice of 154 days of street time was fully consonant with its discretion. Affirmed.
Publication Date: 2024-03-01
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 447 C.D. 2021
Trial court erred in granting summary judgment in favor of township in appellant's action over storm water discharge from a pipe onto appellant's property because court found township did not refute appellant's evidence the new pipe increased the volume of water flowing onto the property, the Political Subdivision Tort Claims Act did not immunize township and there was a material question of fact as to plaintiff's common law negligence claim. Reversed.
Publication Date: 2024-03-01
Practice Area: Real Estate
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
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Case Number: 16 C.D. 2023
Planned Community Act entitled association to assess its legal fees incurred in attempting to enforce parking regulations upon unit owners. Order of the trial court affirmed.
Publication Date: 2024-02-23
Practice Area: Employment Litigation
Industry: Construction
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 298 C.D. 2023
Workers' compensation appeal board properly held that claimant's evidence did not establish that he was a traveling employee without a fixed place of employment and he was not acting in the course and scope of his employment when he was injured in a motor vehicle accident on his way home from work in his own vehicle. Affirmed.
Publication Date: 2024-02-09
Practice Area: Tax
Industry: Education | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1272 C.D. 2022
School district's complaint for declaratory and equitable relief from underassessment of property was barred by the statutory remedy under the Assessment Law. Order of the trial court affirmed.
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