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  • Holland v. Janesko

    Publication Date: 2019-07-29
    Practice Area: Government
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0826

    Plaintiff was not required to demonstrate that the district attorney refused his request to file a quo warranto action challenging the appointment of the chief of police since plaintiff arguably had a special interest in the challenged public office by virtue of his claim to the position if his quo warranto action was successful. The court denied defendants' preliminary objections.

  • The Plaza at 835 W. Hamilton St. LP v. City of Allentown

    Publication Date: 2019-07-29
    Practice Area: Government
    Industry: Real Estate
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Reichley
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0833

    The owner of a commercial building failed to establish a prima facie case that actions by city officials amounted to a de facto taking of property. The court granted summary judgment in favor of the city.

  • O'Brien v. Bd. of Directors of the S. Williamsport Area Volunteer Fire Dep't

    Publication Date: 2019-07-22
    Practice Area: Government
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0797

    Plaintiff's claims under the Pennsylvania's Sunshine Act, or Open Meeting Law, against the South Williamsport Fire Department did not survive the preliminary objection stage since the act's statutory limitation is a nonwaivable provision that defendant could rely on their preliminary objections. The court sustained defendant's preliminary objection in part.

  • Pilchesky v. Norton

    Publication Date: 2019-07-01
    Practice Area: Government
    Industry: Education
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0734

    Plaintiff, a private citizen, lacked standing to bring a quo warranto action challenging the appointment of a member of the school board of directors where he did not seek to have either the attorney general or local district attorney file such an action or demonstrate that it would be futile to ask these officials to do so. The court denied plaintiff's petition for injunctive relief.

  • In re: Appeal of Pocono Twp. Ordinance No. 2018-22

    Publication Date: 2019-06-17
    Practice Area: Government
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0667

    The court dismissed a challenge to an ordinance because the petitioner was not directly affected by the ordinance and thus lacked standing.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Schnarrs v. Rush Twp. Bd. of Supervisors

    Publication Date: 2019-06-17
    Practice Area: Government | Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0705

    Trial court properly concluded that township established the existence of a public road by prescriptive easement where township presented evidence that it had maintained, and the public had used, a connector road over private property for at least the prescriptive period of 21 years. Judgment affirmed.

  • Justice v. Lombardo

    Publication Date: 2019-06-17
    Practice Area: Government
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donahue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0692

    The lower court erred in granting defendant state trooper judgment notwithstanding the verdict in favor of plaintiff as there was sufficient competent evidence upon which the jury could have found that defendant acted outside the scope of his employment during his encounter with the plaintiff motorist, who alleged she was assaulted and battered. The high court reversed and remanded.

  • Estate of Guyaux v. Twp. of North Fayette

    Publication Date: 2019-05-27
    Practice Area: Government
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0617

    Trial court did not err in awarding costs to township and sheriff for the removal of a gun collection from a house that was a public nuisance and did not err in ordering the proceeds from the sale of the collection be used to pay such costs. Affirmed.

  • 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.

  • StoneHedge Real Estate, LLC v. Straban Twp.

    Publication Date: 2019-04-22
    Practice Area: Government
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0372

    Judgment on the pleadings was appropriate, because the municipality failed to strictly comply with statutory requirements when enacting an ordinance. The court concluded the ordinance was void.