• Ziegler v. City of Reading

    Publication Date: 2019-08-26
    Practice Area: Government
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1005

    City appealed trial court's entry of declaratory judgment in favor of residents in their challenge to city's recycling program fee and court found trial court erred in not including leaf and yard waste collection costs, prior year's deficits or anticipated program costs in its calculations. Affirmed in part, vacated in part and remanded.

  • Perrotta v. Commonwealth

    Publication Date: 2019-08-26
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1004

    Trial court did not err in granting licensee's appeal of the denial of his application for an ignition interlock and non-commercial learner's permit because department did not meet its burden to permanently deny licensee's operating privileges under § 1503(a)(8) but trial court erred in ordering department to grant the license because that exceeded its authority. Affirmed in part and vacated in part.

  • Martel v. Allegheny County

    Publication Date: 2019-08-26
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1002

    Appellant property owners challenged trial court's dismissal of their complaint alleging taxing authorities did not have the right to appeal assessed values on the basis of current market value pursuant to §5-207.06(B)(7) of the county administrative code and board rule IV, §3A and court agreed with trial court that the complaint had to be dismissed but disagreed as to the grounds, finding appellants should have exhausted the assessment law appeal process before bringing a complaint before the trial court. Affirmed.

  • Yannaccone v. Lewis Twp. Bd. of Supervisors

    Publication Date: 2019-08-26
    Practice Area: Administrative Law
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1007

    Appellant appealed trial court's ruling that board substantially complied with §607(b) of the Municipalities Planning Code in enacting a zoning ordinance and court found that while it agreed with trial court's conclusion that Zoning Ordinance Committee was a valid planning committee, ZOC failed to hold at least one public meeting pursuant to public notice as required by §607(b), and trial court erred in finding that board substantially complied with §607(b) in enacting the ordinance. Reversed.

  • Barnes v. Philadelphia Historical Comm'n

    Publication Date: 2019-08-26
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0992

    Where petitioner's property was designated as historic under Philadelphia's Preservation Ordinance both individually and as part of a neighborhood historic district, the court could not offer petitioner any meaningful relief on appeal from the individual historic designation and, thus, the appeal was moot. The appellate court dismissed petitioner's appeal as moot.

  • Law Journal Press | Digital Book

    Library of California Insurance Defense Forms

    Authors: Coddington, Hicks, Danforth

    View this Book

    View more book results for the query "*"

  • In re: Appeal of Coatesville Areas School District

    Publication Date: 2019-08-19
    Practice Area: Civil Procedure
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0966

    The appeals before the commonwealth court in this tax exemption case were barred by res judicata because the controlling issues were already decided in a prior companion proceeding in which all parties had an opportunity to participate and assert their rights. The commonwealth court dismissed the appeals at bar.

  • Kenney v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-08-19
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0976

    Workers' compensation appeal board erred in holding that a worker's compensation trust group self-insurance fund was entitled to subrogation for payments made to police officer claimant and court reversed board's order insofar as it reversed the WCJ's decision that denied employer's petition to review compensation benefits requesting a determination regrading subrogation rights. Reversed in part and affirmed in part.

  • Workers First Pharmacy Serv. LLC v. Bureau of Workers' Comp. Fee Review Hearing Office

    Publication Date: 2019-08-19
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0982

    Hearing officer erred in holding that office lacked jurisdiction over pharmacy fee review contests because even though employer denied liability for the injury and had not been adjudicated liable for the injury, employer accepted responsibility for pharmacy's invoices in the compromise and release agreement resolving the dispute between claimant and employer. Vacated and remanded.

  • Vineyard Oil & Gas Co. v. North East Twp. Zoning Hearing Bd.

    Publication Date: 2019-08-12
    Practice Area: Land Use and Planning
    Industry: State and Local Government | Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0951

    Trial court erred in affirming zoning hearing board's grant of a dimensional variance and special exception to applicant to construct a wireless communication tower because applicant did not establish an unnecessary hardship where property owner was already making reasonable use of the property, zoning board abused its discretion in finding applicant satisfied the requirement for a special exception and the TCA did not support the grant of the dimensional variance and special exception. Reversed.

  • Penn. Envtl. Defense Found. v. Commonwealth

    Publication Date: 2019-08-12
    Practice Area: Energy and Natural Resources
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0919

    Court granted commonwealth's application for summary relief and concluded §§1604-E and 1605-E of the fiscal code and §1912 of the supplemental general appropriations act of 2009 were not facially unconstitutional because one third of the bonus and rental payments were not part of the corpus trust established by art. I, §27 of the Pennsylvania constitution and could be appropriated for general fund purposes. Application granted.