• Gustafson v. Am. Fed'n of State, County and Municipal Employees, Council 13

    Publication Date: 2024-03-08
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1298 C.D. 2022

    Claim that union discriminated against non-member in failing to fairly represent her during grievance proceedings did not implicate unfair labor practices under the Public Employee Relations Act. Order of the trial court reversed, case remanded.

  • Rivera v. Unemployment Comp. Bd. of Review

    Publication Date: 2024-03-08
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1487 C.D. 2022

    Board appropriately found claimant was disqualified for unemployment compensation benefits, where he was discharged for willful misconduct for refusing COVID-19 vaccination or weekly testing, because employer's policy was reasonable and claimant failed to establish good cause for his failure to comply with the policy. Affirmed.

  • Sechrist v. Danish

    Publication Date: 2024-03-08
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 941 C.D. 2022

    Trial court erred in finding a private road because there was no allegation in the complaint or any evidence in the record demonstrating that the road was ever laid out and opened as a private road pursuant to the Private Road Act and use alone did not establish a private road or create an easement. Reversed.

  • Bergenstock v. Commonwealth Dep't of Transp.

    Publication Date: 2024-03-08
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 69 C.D. 2023

    Appellant appealed the trial court's denial of his appeal from the suspension of his vehicle operating privilege for 18 months, and from the lifetime disqualification of his commercial driving privilege. The court affirmed in part and reversed in part, concluding that appellant was not subject to lifetime disqualification of his commercial driving privilege where the officer who arrested him for driving a private vehicle under the influence failed to advise him that his refusal to submit to a blood test could result in lifetime loss o

  • Soland v. Zoning Hearing Bd. of E. Bradford Twp.

    Publication Date: 2024-03-08
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 395 C.D. 2022

    Trial court erred in denying landowners' requested variance on the grounds the de minimis doctrine was restricted to dimensional variances and court found a use variance could be de minimis. Reversed.

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  • E&R Partners, LP v. Robinson Twp. Zoning Hearing Bd.

    Publication Date: 2024-03-08
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 831 C.D. 2022

    Landowner was not required to file a timely appeal from an enforcement notice that failed to comply with the notice requirements under the Municipalities Planning Code as the MPC's time limits were intended to protect appellants from municipalities' dilatory behavior or misconduct. Order of the trial court affirmed.

  • Johnson v. Wetzel

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 497 M.D. 2018

    Petitioner indisputably received sufficient post-deduction due process and Department of Corrections was entitled to judgment in its favor as a matter of law in petitioner's action asserting deprivation of due process in DOC's deduction of court ordered costs from his inmate account. Petition dismissed.

  • Castillo v. Pennsylvania State Police (Office of Open Records)

    Publication Date: 2024-03-01
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 398 C.D. 2022

    Law enforcement incident report which contained investigating officers' observations, findings, and conclusions fell within the criminal investigative exemption to disclosure under the Right-to-Know Law. Final determination of the Office of Open Records affirmed.

  • Howarth v. Falls Twp.

    Publication Date: 2024-03-01
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 447 C.D. 2021

    Trial court erred in granting summary judgment in favor of township in appellant's action over storm water discharge from a pipe onto appellant's property because court found township did not refute appellant's evidence the new pipe increased the volume of water flowing onto the property, the Political Subdivision Tort Claims Act did not immunize township and there was a material question of fact as to plaintiff's common law negligence claim. Reversed.

  • Toland v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 315 M.D. 2018

    Petitioner and parole board argued discovery issues in petitioner's challenge to the denial of his 2017, 2018 and 2019 parole applications and court found the 2022 parole denial did not make the action moot, confidentiality regulation was not a per se bar to the production of documents in a parolee's file, board did not show the criminal history record information act applied and court dismissed board's objections to interrogatories as boilerplate. Motions granted in part and dismissed in part.