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Publication Date: 2023-05-08
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 821 C.D. 2021
Trial court did not abuse its discretion in holding that 72 P.S. §5860-603 required the tax bureau to offer owner a payment plan for delinquent taxes in a case setting aside a tax sale. Affirmed.
Publication Date: 2023-05-08
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 701 C.D. 2017
Trial court erred in rejecting board of view's report because it substituted itself as the factfinder and reweighed the evidence rather than simply determining whether substantial evidence supported the board's determination. Order of the trial court vacated, order of the board of viewers reinstated.
Publication Date: 2023-04-24
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 743 C.D. 2021
Trial court did not err or abuse its discretion in determining appellant homeowners' reliance on the dates in the Nov. 27, 2017 notice that their property was to be sold at an upset tax sale was unreasonable because appellants admitted to actual notice, never made any payments towards the delinquent balance or left contact information with the bureau. Affirmed.
Publication Date: 2023-02-20
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 1431 C.D. 2021
Board erred in concluding the Impairment Rating Evaluation had no application in this case because the IRE provisions in §306(a.3) of act 111 did not apply to injuries that occurred before June 24, 1996 and court found claimant's IRE occurred after the enactment of act 111, it did not constitute a retroactive application of the law and employer was permitted to seek a modification based on the IRE. Reversed.
Publication Date: 2023-02-20
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 41 M.D. 2022
Secretary's petition for review in the nature of a complaint for permanent and peremptory mandamus and for declaratory relief arguing a rulemaking had to be published was dismissed as moot, as were the related preliminary objections and application for summary relief filed by parties and intervenors, because of the April 23, 2022 publication of the rulemaking in the Pennsylvania Bulletin as the CO budget trading program. Petition dismissed.
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Publication Date: 2023-02-13
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 588 M.D. 2022
While petitioner raised important legal issues regarding the validity of three writs of election, he failed to persuade the court that enjoining scheduled special elections for seats in the Pennsylvania House of Representatives pending a decision on the merits was reasonable given preparations that had already occurred. The commonwealth court denied petitioner's emergency application.
Publication Date: 2023-01-16
Practice Area: Tax
Industry: Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 803 F.R. 2017
Taxpayer was entitled to a refund to remedy a constitutional uniformity clause violation to equalize the tax positions between favored and non-favored taxpayers given that Nextel Com. of the Mid-Atlantic, Inc. v. Commonwealth, which held that the statutory flat cap on net loss deductions violated the uniformity clause, applied retroactively. The appellate court reversed and remanded for a refund.
Publication Date: 2023-01-09
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 832 C.D. 2021
Trial court erred in failing to fully unwind sheriff's sale where remand order vacated both denial of property owner's motion to set aside sale and the decree authorizing the sale. Order of the trial court reversed and remanded.
Publication Date: 2023-01-09
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government | Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 551 C.D. 2021
Although trial court could remand for consideration of amended variance application selecting new construction site, local zoning board erred in approving the amended application without considering any evidence to support any mandatory requirement for grant of a variance. Order of the trial court vacated, case remanded.
Publication Date: 2022-12-05
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 784 C.D. 2020
Finding intoxicated individual seated in driver's seat of running vehicle was sufficient to conclude they were in actual physical control of the vehicle, supporting an arrest for DUI and demand for chemical testing under the implied consent law. Order of the trial court reversed.
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