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Publication Date: 2022-05-30
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: 22-0606
While sufficient evidence supported finding that a variance was necessary due to the hardship of developing a property as of right, zoning board erred in granting a variance that was not conditioned on payment of outstanding property tax. Order of the trial court affirmed in part and reversed and remanded in part.
Publication Date: 2022-05-23
Practice Area: Government
Industry: Accounting | State and Local Government
Court: Commonwealth Court
Judge: Judge Mccullough
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Case Number: 22-0567
Petitioner protested Department of Human Services' award of a bid and court found department did not engage in arbitrary and capricious conduct, department could waive some RFP requirements under Gaeta v. Ridley Sch. Dist., 788 A.2d 363, winning bidder provided department with adequate information to assure department it would perform the contract according to the specified requirements and bidder did not obtain an unfair competitive advantage. Affirmed.
Publication Date: 2022-05-16
Practice Area: Civil Procedure
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 21-0534
Petitioners, two political subdivisions located in Delaware County, lacked standing to maintain this putative class action against any respondent other than the Director of the Office of Judicial Support of the County of Delaware as they did not allege facts to suggest that they were charged court fees by any other respondent. The commonwealth court sustained respondents' preliminary objections.
Publication Date: 2022-05-09
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 22-0514
Right-to-Know-Law requester's challenge to agency's production of documents was not waived where the agency produced the documents at the close of the appeal record and where requester had no procedural opportunity to lodge an objection. Order of the Office of Open Records affirmed in part, reversed and remanded in part.
Publication Date: 2022-05-02
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 22-0478
Department of Corrections filed preliminary objections in plaintiff's eighth amendment and Americans with Disabilities Act action seeking the right to receive medication-assisted treatment for his opioid addiction while incarcerated and court found inmate raised a sufficient question under the eighth amendment to survive preliminary objections and it was conceivable inmate could establish he was denied the benefit of a health service by a public entity by reason of his disability. Preliminary objections overruled.
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Publication Date: 2022-05-02
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 22-0483
Ex parte communications between Right-to-Know Law appeals officers appointed from within the agency and agency officials constituted an improper form of communication due to appeals officers' quasi-judicial function, and therefore the communications could not qualify as internal, predecisional deliberations. Final determination of the Office of Attorney General appeal officer reversed.
Publication Date: 2022-03-21
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 22-0304
Municipal-created authority's execution of an asset purchase agreement to sell its assets did not preclude the municipality's unilateral power under the Municipal Authorities Act to order the authority's dissolution, which presupposed that the municipality would assume the authority's assets and obligations. Order of the trial court reversed.
Publication Date: 2022-02-28
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 22-0217
Uniform Firearms Act prohibited local ordinance imposing fines for failing to timely report lost or stolen firearms, where regulation of firearms was the sole province of the state legislature and where the municipality had a nearly identical ordinance previously struck down. Order of the trial court reversed, case remanded.
Publication Date: 2022-02-28
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 22-0228
The court held that the school district's decision to enter into an agreement with a college was not one that was subject to collective bargaining but was a matter falling within the managerial prerogative of the school district. As such, it was not a violation of the Public Employee Relations Act. Pennsylvania Labor Relations board decision reversed.
Publication Date: 2022-01-31
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 22-0103
Bureau of driver licensing appealed trial court's finding that licensee did not knowingly and consciously refuse to submit to a chemical test due to his inability to understand English and court found trial court's findings of fact were supported by substantial evidence and licensee's inability to understand form DL-26B prevented him from understanding the consequences of refusing to submit to testing. Affirmed.
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