• Liss v. Commonwealth Dep't of Transp.

    Publication Date: 2024-05-24
    Practice Area: Administrative Law
    Industry: Hospitality and Lodging | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 484 C.D. 2022

    DOT's unreasonable delay in imposing a license suspension prejudiced licensee who refrained from driving upon the belief that his withdrawal of his appeal meant the suspension automatically went into effect and due to licensee's increasing need to transport his family and drive for work. Order of the trial court reversed.

  • In re Appeal of Sposato

    Publication Date: 2024-05-17
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 135 C.D. 2020

    Trial court erred in denying nunc pro tunc relief to appellants in their challenge to their 2019 property assessment because Board of Revision of Taxes was negligent in not mailing appellants notice of the reassessment and appellants filed an appeal with BRT as soon as they received their 2019 tax bill, which was the first time they received notice that their property had been reassessed. Reversed.

  • Buffalo & Pittsburgh R.R., Inc. v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2024-05-17
    Practice Area: Transportation
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 489 C.D. 2023

    Petitioner sought review of respondent's decision requiring petitioner to remove three abandoned railroad bridges over township roads. The court affirmed, concluding that substantial evidence supported respondent's decision where the bridges presented hazards of falling concrete, offered no benefit to the public, and created roadway hazards due to their narrow design.

  • Commonwealth v. Prentiss

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 415 C.D. 2021

    Appellant appealed the trial court's orders convicting him of two summary offenses under the Game and Wildlife Code. The court reversed in part, affirmed in part, and remanded to the trial court for resentencing. The court held that appellant's charge under Game Code section 2307(a) should have been dismissed where the citation failed to set out the specifics of the alleged violation. Appellant was properly convicted under section 2504(a), however, where he shot an elk within ten feet of a roadway.

  • Moreno v. Schuylkill County Tax Claim Bureau

    Publication Date: 2024-05-17
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 168 C.D. 2023

    Tax bureau failed to comply with notice requirements of the Real Estate Tax Sale Law by not undertaking reasonable efforts to locate the property's owner after the upset sale notice was returned undelivered. Order of the trial court reversed.

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  • 22nd St. Auto Ctr. v. Commonwealth

    Publication Date: 2024-05-17
    Practice Area: Administrative Law
    Industry: Automotive | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1326 C.D. 2022

    Appellants appealed the trial court's orders overruling their appeal of Commonwealth's administrative suspension of their official certifications as an auto safety inspection center and safety inspector. The court vacated the trial court's orders and remanded for further proceedings where the trial court failed to explain whether it considered modifying Commonwealth's penalties after it made new findings that Commonwealth failed to prove certain inspection violations were present at the time appellants inspected a deteriorated motor v

  • Commonwealth v. Rensel

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry: Non-Profit | Travel and Tourism
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 414 C.D. 2021

    Appellant appealed the trial court's orders convicting him of summary offenses under the Game and Wildlife Code. The court reversed in part, affirmed in part, and remanded to the trial court for resentencing. The court held in pertinent part that the trial court erred in finding a hunting guide guilty of violating Game Code section 2308(a)(7), prohibiting the use of a vehicle for hunting, where the guide drove a hunting party to a planned destination before they disembarked and hunted elk on foot from an adjacent field.

  • Italian Sons & Daughters of Am. v. City of Pittsburgh

    Publication Date: 2024-05-03
    Practice Area: Government
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1124 C.D. 2022

    Trial court erred in dismissing complaint challenging city's removal of statue from public park without first considering whether city's decision violated applicable laws or regulations. Orders of the trial court affirmed in part, reversed in part, vacated in part, and remanded.

  • Mroz v. Unemployment Comp. Bd. of Review

    Publication Date: 2024-05-03
    Practice Area: Labor Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1028 C.D. 2020

    Worker was ineligible for unemployment compensation where he left work during the COVID-19 pandemic without specifically identifying how employer's safety measures failed to address his health and safety concerns. Order of the Unemployment Compensation Board of Review affirmed.

  • Gioffre v. Allegheny County Bd. of Prop. Assessment, Appeals & Review

    Publication Date: 2024-05-03
    Practice Area: Tax
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 424 C.D. 2023

    Trial court erred in applying a common level ratio that was calculated and went into effect after property owners filed their tax assessment appeals. Order of the trial court vacated.