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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.
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.
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.
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.
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.
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Authors: Herbert Kraus
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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.
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.
Publication Date: 2018-01-02
Practice Area: Administrative Law | Employment Litigation
Industry: Health Care | Insurance
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1893
WCJ properly granted employers modification petition seeking to reduce claimants benefits based on an earning capacity because the labor market survey and earning power assessment listed six jobs, employers and claimants treating physician both testified that she was capable of performing some type of work, WCJ found employers witnesses more credible and claimants evidence of unsuccessful applications to the jobs listed in the LMS/EPA was relevant but not dispositive with regard to earning power. Affirmed.
Publication Date: 2017-12-26
Practice Area: Administrative Law | Regulation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1846
Drivers license suspension properly set aside due to delay between conviction and suspension attributable to court clerks office, where inquiry on whether to set aside suspension was focused on the prejudice suffered by the licensee due to the delay, rather than the length of the delay itself. Order of the trial court affirmed.
Publication Date: 2017-12-26
Practice Area: Government | Real Estate | Regulation
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1843
The City of Bethlehem met its burden of establishing that defendants property required a conservator where it produced uncontroverted testimony about the propertys blighted, deteriorated and unsafe condition and defendants failure to take remedial action. The court affirmed an order granting a petition for conservatorship.
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