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  • In Re: Appeal of Bell

    Publication Date: 2018-01-16
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0022

    City had just cause to pass over applicant for firefighter position for failure to comply with residency requirement, where applicant failed to produce evidence that he resided within city limits at least one year prior to his application. Order of the City of Pittsburgh Civil Service Commission affirmed.

  • Carson Concrete Corp. v. Tax Review Bd. City of Philadelphia

    Publication Date: 2018-01-16
    Practice Area: Tax
    Industry: Construction | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0015

    The City of Philadelphia Tax Review Board did in err in finding that the Citys audit assessment properly imposed wage tax liabilities upon appellant where the company failed to establish that it used subcontractors during the audit period. The court affirmed in part a trial court order.

  • In re Estate of Pancari

    Publication Date: 2018-01-09
    Practice Area: Administrative Law | Employment Litigation | Trusts and Estates
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1910

    Trial court properly refused to compel police pension fund to pay survivors benefits to appellant after Orphans Court ruled that she was deceaseds common-law wife because the fund plan mandated exhaustion of contractual remedies, appellant did not appeal the funds prior adjudication that she did not prove the marriage and the plan decision was final and binding.

  • Reihner v. City of Scranton Zoning Hearing Bd.

    Publication Date: 2018-01-09
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1912

    Trial court erred in upholding the zoning boards finding that appellants were operating a bed and breakfast because the language of the ordinance was ambiguous as to whether serving breakfast was required as part of the definition of a B&B and the ordinance had to be interpreted in favor of the landowners widest use of the land. Reversed.

  • Clemmer v. Fayette Cty. Tax Claim Bureau

    Publication Date: 2018-01-09
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1895

    The trial court did not err in setting aside an upset sale of taxpayers property where the Fayette County Tax Claim Bureau failed to make reasonable efforts to locate the imprisoned taxpayer after a certified mailing was returned unclaimed. The appellate court affirmed the trial courts order setting aside the tax sale.

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  • City of Philadelphia v. Righter

    Publication Date: 2018-01-02
    Practice Area: Corporate Entities | Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1886

    Trial court erred in imposing city parking tax liability on former corporate officer under trustee ex maleficio doctrine, where evidence demonstrated that former officer lacked responsibility or control over disbursement of corporate funds to pay taxes. Order of the trial court reversed.

  • Warwick Township Water and Sewer Auth. v. Warwick Realty Co., L.P.

    Publication Date: 2018-01-02
    Practice Area: Public Utilities | Tax
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1889

    Trial court properly found that appellant did not meet its burden of overcoming water authoritys prima facie case that authoritys assessment of 12 additional EDUs was warranted, where appellant bought lot one after a business campus was subdivided and argued that all of the EDUs assigned to the business campus belonged to lot one, because the agreement between the authority and the business campus clearly assigned 3.06 EDUs to lot one. Affirmed.

  • City of Philadelphia v. Alberts Rest., Inc.

    Publication Date: 2018-01-02
    Practice Area: Civil Procedure | Tax
    Industry: Food and Beverage
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1885

    Trial court erred in denying continuance to taxpayers when citys concurrent failure to appear for trial warranted entry of non-suit. Order of the trial court vacated.

  • Green v. Wolf

    Publication Date: 2018-01-02
    Practice Area: Constitutional Law | Education Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 171840

    Petitioners challenge to his removal as chair of the school reform commission was denied because §696 of the school code did not apply since the position of chair of the SRC was not an office and the governor had the power to remove petitioner from a position that had no duties or role assigned to it. Relief denied.

  • Burda v. Pennsylvania Judicial Conduct Bd.

    Publication Date: 2018-01-02
    Practice Area: Administrative Law | Discovery | Public Records
    Industry:
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1880

    The Office of Open Records does not have jurisdiction to hear an appeal from the denial of a record request by a judicial agency; thus, it properly denied petitioners appeal from the denial of a Right-to-Know Law request for documents from the Judicial Conduct Board. The court affirmed the trial courts order.