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  • Rector of Trinity Church v. City of Philadelphia Historical Comm'n

    Publication Date: 2019-07-29
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0881

    Trial court properly affirmed commission's historic designation of appellant's parish house because commission correctly found house met three designation criteria and RLUIPA did not apply to property previously used only for secular activities. Affirmed.

  • Woodson v. Woodson

    Publication Date: 2019-07-22
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0783

    Wife's survivor benefit should have been included in the equitable distribution of property. The court ordered wife to roll over a portion of her retirement account to accomplish an immediate offset.

  • DeBellis v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-06-24
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0714

    The commonwealth court rejected claimant's assertion that the Workers' Compensation Act should be interpreted as imposing a mandatory duty upon employers or insurers to unilaterally amend an injury description after issuing a notice of compensation payable based on later opinions of their own medical experts if those opinions are favorable to claimant. The commonwealth court affirmed.

  • Coppola v. Smith Twp. Bd. of Supervisors

    Publication Date: 2019-05-27
    Practice Area: Civil Procedure | Land Use and Planning
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0622

    Mere submission of a letter to a local board of supervisors objecting to a land use application was insufficient to confer party status or standing upon the objector, especially when the letter was not made part of the record or considered by the board of supervisors. Order of the trial court vacated, case remanded.

  • Finan v. Pike County Conservation Dist.

    Publication Date: 2019-05-27
    Practice Area: Government
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0624

    County conservation district was a local agency as opposed to a commonwealth agency for court jurisdictional purposes where it was governed by county commissioners and its authority only extended to the boundaries of the single county for which it operated, rather than having statewide authority. Order of the trial court reversed, case remanded.

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  • Allen v. Commonwealth Bd. of Probation & Parole

    Publication Date: 2019-04-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0446

    Petitioner, a parolee serving time in a correctional facility, was not entitled to the relief sought in his mandamus petition, i.e., immediate release from prison, where the record clearly established that there were two outstanding detainers to which the Pennsylvania Board of Probation and Parole properly paroled him. The appellate court denied petitioner's application for mandamus relief.

  • Bristol Borough v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-04-08
    Practice Area: Administrative Law | Occupational Safety and Health
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0387

    Clarifying the reporting requirements for a volunteer firefighter asserting a cancer claims, the court rejected the notion that §301(f) of the Workers' Compensation Act required him to produce concrete evidence of direct exposure to a known Group 1 carcinogen by proving such exposure exclusively through Pennsylvania Fire Information Reporting System documents. The appellate court affirmed an order granting claimant benefits.

  • In Re: Appeal of Penneco Envt'l Sols. LLC

    Publication Date: 2019-03-25
    Practice Area: Administrative Law | Land Use and Planning
    Industry: Energy
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0323

    Local zoning board erred in dismissing landowner's substantive validity challenge to zoning ordinance for lack of ripeness based on pending agency permit approvals, where landowner's allegation that ordinance was de jure exclusionary created a justiciable controversy and where landowner would be prejudiced by need to comply with local ordinances to receive its permits. Order of the trial court affirmed.

  • R. H. v. Dep't of Human Serv.

    Publication Date: 2019-03-25
    Practice Area: Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0326

    The Bureau of Hearing and Appeals erred in adopting the ALJ's report and finding that petitioner's appeal of an indicated report of child abuse was untimely because the department could not establish it actually mailed the notification letter to petitioner in February 2017 and he was entitled to an administrative appeal nunc pro tunc on the merits. Reversed.

  • Domusimplicis, LLC v. Pennsylvania Liquor Control Bd.

    Publication Date: 2019-02-05
    Practice Area: Administrative Law | Regulation
    Industry: Food and Beverage | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0128

    Economic development restaurant liquor license properly granted where borough found issuance would provide economic benefit to the community and licensee testified to the unavailability of non-ED licenses for sale and their prohibitive cost. Order of the trial court affirmed.