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Publication Date: 2024-06-07
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 249 C.D. 2023
Appellant appealed the trial court's order concluding that he lacked standing to appeal a zoning board of adjustment's variance approval and quashing his appeal. The court affirmed, holding that appellant, as an individual member of the city council, lacked standing to appeal a decision of the ZBA.
Publication Date: 2024-05-24
Practice Area: Personal Injury
Industry: Education
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 657 C.D. 2023
Appellants appealed the trial court's order granting appellee school district's motion for judgment on the pleadings and dismissing their negligence complaint with prejudice. The court affirmed, holding that appellants' suit did not fall within the real property exception to governmental immunity where their claim stemmed from an injury caused by personalty rather than realty, namely a temporary kickball base not affixed to the ground that slid out from under a high school student during a physical education class.
Publication Date: 2024-05-17
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 168 C.D. 2023
Tax bureau failed to comply with notice requirements of the Real Estate Tax Sale Law by not undertaking reasonable efforts to locate the property's owner after the upset sale notice was returned undelivered. Order of the trial court reversed.
Publication Date: 2024-05-03
Practice Area: Tax
Industry: Food and Beverage | Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
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Case Number: 394 F.R. 2018
Purchaser of restaurant and liquor license was barred from appealing a bulk sale assessment where it failed to obtain the statutorily required clearance certificate, as the lien certificate obtained during the license transfer process could not serve as an alternative to the clearance certificate. Petition for review denied.
Publication Date: 2024-04-26
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 168 C.D. 2023
Trial court erred in confirming upset tax sale where tax bureau failed to undertake reasonable efforts to locate the property owner after the notice of sale was returned unsigned, as required by the Real Estate Tax Sale Law. Order of the trial court reversed.
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Publication Date: 2024-04-19
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 637 C.D. 2021
Employee's union appealed the trial court's order denying its petition to vacate grievance arbitrator's supplemental remedy award, which concluded that employer owed no back pay to a wrongfully terminated employee who failed to seek alternative employment prior to reinstatement. The court affirmed where the arbitrator's remedy derived its essence from the parties' collective bargaining agreement and violated no well-defined public policy.
Publication Date: 2024-04-19
Practice Area: Employment Litigation
Industry: E-Commerce
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
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Case Number: 1398 C.D. 2022
Claimant appealed board's decision as to her entitlement to attorney fees and court reversed board's order to the extent it automatically foreclosed the imposition of attorney fees against employer after its contest became reasonable and disregarded the plain language of §440(a). Reversed and remanded.
Publication Date: 2024-03-29
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
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Case Number: 1255 C.D. 2022
Remand of Office of Open Records determination ordering release of SEPTA surveillance footage was necessary to evaluate reasonableness of proposed redaction costs. Order of the OOR vacated and remanded.
Publication Date: 2024-02-23
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 473 C.D. 2020
Conservation officer's stop of fishing boat to ensure proper licensure and safety equipment served a governmental "special need" and thus did not require reasonable suspicion of a violation. Judgment of sentence affirmed.
Publication Date: 2024-02-09
Practice Area: Corporate Governance
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 291 C.D. 2022
Orphans' court erred in awarding attorneys' fees and costs to nonprofit foundation directors under §5782(c), in action alleging directors had exercised undue influence and breached their fiduciary duties, because neither the plain language of §5782(c) nor the parties' compromise permitted orphans' court to award attorneys' fees and costs against individuals who were never members and who could not bring a derivative action in the first place. Reversed.
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