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  • In re Appeal of Jaindl Land Co.

    Publication Date: 2022-11-14
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Mccullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 776 C.D. 2021

    Trial court erred in applying the pending ordinance doctrine to appellants' preliminary land development application for a use permitted by right under the ordinance in effect on the date appellants filed their application because §508(4)(i) of the Municipalities Planning Code applied to the application. Reversed.

  • Butler Area Sch. Dist. v. Levine

    Publication Date: 2022-10-17
    Practice Area: Government
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 647 M.D. 2020

    While voters recently approved amendments to the state constitution placing constraints on the Pennsylvania Governor's authority to act in a disaster emergency, petitioners raised a viable issue regarding whether the commonwealth's police powers in disaster emergencies could override specific grants of emergency powers given to local public school districts. The commonwealth court overruled respondent's preliminary objections.

  • Smith v. Commonwealth

    Publication Date: 2022-09-26
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1109 C.D. 2021

    Trial court abused its discretion in granting garage owner's request to file his statutory appeal of his inspection certificate suspension nunc pro tunc because owner did not establish non-negligent circumstances to justify such relief. Reversed.

  • Texiera v. Commonwealth Dep't of Transp.

    Publication Date: 2022-09-19
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 997 C.D. 2021

    Trial court erred in finding Department of Transportation had sovereign immunity in appellant's negligence action over his motorcycle accident caused by a pothole where trial court erred in granting summary judgment because motorist complaints to DOT about road conditions were not in writing and there were material issues of fact as to whether the customer service records were sufficiently specific to provide notice and whether the potholes were patched prior to the accident. Reversed.

  • Mathias v. York County Tax Claim Bureau

    Publication Date: 2022-07-25
    Practice Area: Tax
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0827

    Trial court properly denied petition to set aside tax sale after finding drive-by appraisal not credible and crediting testimony of the winning tax sale bidder who had personal knowledge of the property's exterior and interior condition. Order of the trial court affirmed.

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  • FC Station Square Landmark, LLC v. City of Pittsburgh

    Publication Date: 2022-07-11
    Practice Area: Administrative Law
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0770

    Court was obligated to take judicial notice of municipal ordinance, even though it was not raised or cited during the lower court proceedings. Order of the trial court vacated, case remanded.

  • Clark v. Schuylkill Canal Ass'n, Inc.

    Publication Date: 2022-07-04
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0751

    The trial court properly found that Montgomery County was immune from suit pursuant to the Recreational Use of Land and Water Act given that the decedent's fatal accident, caused by a fallen tree, occurred in a natural and undeveloped recreational area which came under the protection of the act. The appellate court affirmed.

  • White v. Pennsylvania Parole Bd.

    Publication Date: 2022-06-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0674

    Counsel filed petitions for review of Board's recommitting petitioner as a parole violator and to withdraw as counsel and court found petitioner's argument that board relied on hearsay evidence failed since board relied on a certified sentencing document and Unified Judicial System criminal docket and properly calculated petitioner's new maximum sentencing date. Affirmed and counsel's petition granted.

  • Firearms Owners Against Crime v. City of Pittsburgh

    Publication Date: 2022-06-13
    Practice Area: Government
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0636

    Trial court properly found city's ordinances, prohibiting the use of assault weapons and large capacity magazine in certain public places and prohibiting specified individuals from possessing or using firearms, were preempted by §6120(a) of the Uniform Firearms Act.

  • Crawford v. Commonwealth

    Publication Date: 2022-06-13
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0652

    Challenges to validity of statutory prohibition on local regulation of firearms rejected where long-standing precedent established that firearms regulation was a statewide concern and thus state legislature was entitled to preempt local ordinances. Respondents' preliminary objections in nature of demurrer sustained.