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1,366 results for '* court:"Commonwealth Court"' You can use Search Constraints to get even better search results
Publication Date: 2019-08-12
Practice Area: Land Use and Planning
Industry: Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge Simpson
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Case Number: 19-0954
Trial court properly affirmed commissioners' denial of developer's land development application because, even though the issue of a special exception upon which the trial court had relied was still pending, commissioners properly applied PennDOT regulations governing safe stopping sight distances for access driveways and found application failed to provide safe egress onto a turnpike. Affirmed.
Publication Date: 2019-08-12
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 19-0945
Landowners incorrectly asserted a claim for de facto taking rather than trespass when municipality did not merely exercise ministerial powers but instead was active in management of stormwater system that damaged landowners' property, although such management was not knowing or intentional as to the creation of the damaging landslide. Order of the trial court reversed.
Publication Date: 2019-08-12
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 19-0950
Trial court erred in affirming zoning board's decision that landowner abandoned its stone grinding use because it made no findings of fact as to whether the use existed before the 2011 zoning ordinance amendment and erred in holding that landowner's storage of 400 concrete barriers was not authorized by the natural expansion doctrine. Affirmed in part, reversed in part and remanded.
Publication Date: 2019-08-12
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0939
The trial court properly granted objectors' petition to remove petitioner's name from a primary election ballot given that §1104(b)(3) of the Public Official and Employee Ethics Act clearly states that a candidate's failure to timely file a statement of financial interests is fatal. The appellate court affirmed an order striking petitioner's name from an election ballot.
Publication Date: 2019-08-05
Practice Area: Public Records
Industry: Education
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 19-0917
Pennsylvania Office of Open Records erred in ordering university to provide unredacted emails in response to a Right-to-Know Law request because OOR applied incorrect standards with respect to the education records definition used in the Family Educational Rights and Privacy Act and the court remanded for OOR to use the correct analysis and to consider constitutional privacy interests in the nondisclosure of the requested records. Vacated.
Law Journal Press | Digital Book
Authors: Harold Brown, J. Michael Dady, Jeffery S. Haff, Ronald K. Gardner
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Publication Date: 2019-08-05
Practice Area: Public Records
Industry: Food and Beverage
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 19-0909
Office of Open Records erred in concluding that public interest in oversight of PLCB outweighed license and permit applicants' constitutional privacy interest in their home address information. Final determination of the Office of Open Records affirmed in part and reversed in part.
Publication Date: 2019-07-29
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 19-0885
Trial court correctly dismissed licensee's license suspension because the only evidence submitted by DOT to establish its prima facie case supporting the suspension was a defective form DL-21C in which the "Date of Disposition" block was not completed as required by DOT's regulations. Affirmed.
Publication Date: 2019-07-29
Practice Area: Tax
Industry: Non-Profit | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 19-0876
Board of assessment did not err in its valuation of private marina owned by non-profit corporation where lessee and school board's expert's valuation opinions underestimated and overestimated the value of the property, and where the board correctly excluded the floating docks as taxable realty since they could be removed without damage to the property. Order of the trial court affirmed.
Publication Date: 2019-07-29
Practice Area: Employment Litigation
Industry: Consulting | Health Care | Recruitment and Staffing
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 19-0879
Department erred in assessing unemployment compensation taxes against petitioner because petitioner satisfied both prongs to demonstrate the independent contractor status of the counselors to whom it referred clients. Reversed.
Publication Date: 2019-07-29
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 19-0872
The Secretary of Agriculture erred in holding that petitioner's violation of the Dog Law, wherein he exceeded the limits in his license for the number of dog transfers, automatically converted his kennel to a commercial kennel subject to a different set of regulatory standards. The appellate court reversed and remanded.
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