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Publication Date: 2021-11-29
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1381
Petitioner sought summary relief and an injunction to prevent acting secretary of the Pennsylvania Department of Health from enforcing a COVID-19 masking order and court found governor did not declare a new disaster emergency, acting secretary lacked authority to issue the order without complying with formal rulemaking requirements and the order was void ab initio. Summary relief granted to petitioner.
Publication Date: 2021-11-15
Practice Area: Administrative Law
Industry: State and Local Government
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Johnson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1225
Defendant, the Lehigh County sheriff, had authority under the Pennsylvania Firearms Act to investigate plaintiff's record of criminal conviction and to revoke his firearm permit after finding that his character and reputation were such that plaintiff would be likely to act in a manner dangerous to public safety. The court denied plaintiff's appeal.
Publication Date: 2021-11-15
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1321
Trial court erred in sustaining driver's appeal of his license suspension for refusing to submit to a blood test and holding officer lacked reasonable grounds to believe driver was operating his vehicle while under the influence of a controlled substance because officer acted within his discretion in requesting driver to submit to a blood test after driver passed a breathalyzer test. Reversed.
Publication Date: 2021-11-15
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1322
Secretary properly rejected petitioner's protest of rejection of its bid submission because substantial evidence supported secretary's determination that petitioner's history of poor performance precluded status as a responsible bidder. Affirmed.
Publication Date: 2021-11-01
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1277
The Department of Agriculture erred in imposing ongoing penalties upon petitioner, a class IV animal kennel license holder, for two discrete unauthorized transfers of dogs in excess of the number allowed since his conduct involved two separate and discrete violations of the Dog Law, warranting separate penalties. The commonwealth court reversed in part.
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Publication Date: 2021-10-11
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1169
Trial court erred in holding that public advocate could not appeal from a rate determination because city ordinance expressly authorized an appeal from a rate determination to the trial court, erred in approving city treasurer's non-recusal and erred in finding hearing officer report was sufficient but properly found the ratemaking procedure generally provided public advocate adequate participation. Affirmed in part, reversed in part, vacated in part and remanded.
Publication Date: 2021-09-27
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1105
Trial court properly denied licensee's statutory appeal of his operating privilege suspension because where licensee was sentenced on two DUIs on the same day, §3806(b)(3) caused the offenses to be prior offenses and trial court did not err in concluding licensee's second DUI was prior offense of his first DUI and §3804(e) clearly indicated department was empowered to establish whether an individual had a prior offense and to issue an operating privilege suspension on that basis. Affirmed.
Publication Date: 2021-09-20
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1079
Board erred in finding claimant's appeal was untimely because board capriciously disregarded the certified mail tracking number evidence which, while it was insufficient to show timeliness under §101.82 of the board regulations, was relevant in relation to nunc pro tunc relief under the extraordinary circumstances of this case. Vacated.
Publication Date: 2021-09-13
Practice Area: Administrative Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1054
Secretary of Labor and Industry properly found that petitioner would have to retake his certification exams after failing to renew his certifications within the required time frame because department's interpretation of the uniform construction code was consistent with the language of the regulation. Affirmed.
Publication Date: 2021-09-13
Practice Area: Administrative Law
Industry: Food and Beverage
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Roberts
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0941
Improper transfer of a sidewalk vendor license was insufficient to confer standing upon the transferee to appeal the city's revocation of the license.
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