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Publication Date: 2018-05-29
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0623
The Department of Transportation, Bureau of Licensing did not err in applying §3806(b) of the Vehicle Code retroactively to impose a one-year suspension of licensee's operating privileges for a second DUI offense since the triggering date for suspension was the date licensee was sentenced, not the date he committed the underlying offense. The appellate court affirmed a trial court order upholding the suspension of licensee's driving privileges.
Publication Date: 2018-05-29
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
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for defendant:
Case Number: 18-0631
Parole revocation board was not obligated to hold revocation hearing until parole violator's return to state custody from serving out-of-state or federal sentence. Adjudication of the Pennsylvania Board of Probation and Parole affirmed.
Publication Date: 2018-05-29
Practice Area: Civil Procedure | Land Use and Planning
Industry:
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0624
The trial court did not err in finding the res judicata defense unavailing to respondent, who was named in multiple zoning enforcement actions, since each of the seven enforcement actions covered a different period and, thus, the requisite identities were not present. The appellate court affirmed the trial court's decision.
Publication Date: 2018-05-29
Practice Area: Discovery
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0626
The trial court did not err in finding that a spreadsheet containing information about donors to a City of Harrisburg fund set up to defray legal expenses associated with defending local firearm ordinances was not a "financial record" under the Right-to-Know Law and, thus, the spreadsheet was exempt from disclosure under the law's donor exception. The appellate court affirmed the trial court's order.
Publication Date: 2018-05-29
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 18-0629
Search warrant to search for any game or wildlife parts overbroad where affidavit in support of probable cause referred solely to the unreported killing of a particular deer and retention of its parts in violation of the Game and Wildlife Code. Order of the trial court reversed, judgment of sentence vacated, case remanded.
Law Journal Press | Digital Book
Authors: David M. Einhorn, Adam O. Emmerich, Robin Panovka
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Publication Date: 2018-05-22
Practice Area: Administrative Law | Land Use and Planning
Industry:
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0616
Trial court erred in striking objectors' appeal of the zoning board's holding that objectors lacked standing to appeal the zoning officer's pre-liminary opinion approving a landfill expansion because board erred in finding that objectors lacked standing since the discernable effects on objectors' use and enjoyment of their properties were not merely aesthetic concerns and raised legitimate concerns about air quality and health. Reversed and remanded.
Publication Date: 2018-05-22
Practice Area: Government
Industry: Cargo and Shipping
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
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Case Number: 18-0618
Trial court erred in granting summary judgment in favor of authority, in dispute over the award of an operating agreement. Reversed.
Publication Date: 2018-05-22
Practice Area: Civil Procedure | Tax
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0613
Petitioner's exceptions were overruled in his appeal of the denial of his petition as untimely filed because, despite having been advised of his appeal rights by October 22, 2009 at the latest, petitioner waited one and one-half years before filing his petition and he provided no explanation for the delay other than an alleged non-receipt of the notice, which was belied by the undisputed facts. Exceptions overruled.
Publication Date: 2018-05-22
Practice Area: Corporate Governance | Real Estate
Industry: Non-Profit | Real Estate
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0602
Defendant behavior toward other board directors of a planned community homeowners' association was boorish and unprofessional, but it did not warrant judicial intervention to remove him as a director under §5726(c) of the Nonprofit Corporation Law because it did not constitute fraud, dishonesty or gross mismanagement. The appellate court affirmed the trial court's denial of plaintiffs' petition.
Publication Date: 2018-05-15
Practice Area: Civil Procedure | Land Use and Planning
Industry: Energy | Non-Profit
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0563
The trial court lacked subject matter jurisdiction to hear plaintiffs' challenges to defendant's use of eminent domain to construct two natural gas liquid pipelines since the Eminent Domain Code provided the exclusive procedure for challenging defendant's power and right to condemn property under the state and federal constitutions. The court reversed and remanded in part.
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