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Publication Date: 2024-08-30
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 837 C.D. 2023
Applicant demonstrated reasonable efforts to acquire liquor license under county quota scheme by contacting license holders and making purchase offer within its financial means to the sole party who responded with interest, as Pennsylvania Liquor Control Board regulations did not require a fair market offer if applicant's financial means could not support it. Order of the trial court affirmed.
Publication Date: 2024-08-30
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 1577 C.D. 2022
Claimant who mistakenly applied for wrong unemployment compensation program in good faith nonetheless remained obligated to repay improperly received benefits. Order of the Unemployment Compensation Board of Review affirmed.
Publication Date: 2024-08-30
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 1347 C.D. 2022
Trial court erred in ruling on validity of regional water authority's sale agreement and the municipality's assumption of obligations on remand where the remand order merely directed the trial court to enter mandamus relief for the municipality. Order of the trial court affirmed in part and vacated in part.
Publication Date: 2024-08-30
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wolf
Attorneys: For plaintiff:
for defendant:
Case Number: 307 C.D. 2023
Trial court erred in dismissing appellant's appeal of summary convictions for violations of 34 Pa. Code §§403.62 and 403.81 based on a failure to appear because court could not conclude that the procedural safeguards set forth in the Pennsylvania Rules of Criminal Procedure were applied and that appellant had notice of the hearing. Vacated.
Publication Date: 2024-08-30
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wolf
Attorneys: For plaintiff:
for defendant:
Case Number: 12 C.D. 2023
Unemployment compensation benefits claimant's appeal from determination of ineligibility was untimely where filed beyond the statutory deadline and claimant failed to present evidence overcoming the presumption of the Mailbox Rule. Order of the Unemployment Compensation Board of Review affirmed.
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Authors: Joseph S. Britton
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Publication Date: 2024-08-30
Practice Area: Tax
Industry: Education | Real Estate
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 1313 C.D. 2022
Taxpayer appealed the trial court's order upholding a school district's reliance on a monetary threshold for deciding which property tax assessments to appeal on a cost-effective basis. The court affirmed, holding that the school district's policy did not result in a per se violation of the Pennsylvania Constitution's Uniformity Clause, nor was the policy in violation of the clause as applied by the district.
Publication Date: 2024-08-23
Practice Area: Labor Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 304 C.D. 2021
Claimant petitioned for review of an order of the Workers' Compensation Appeal Board that affirmed two decisions of a Workers' Compensation Judge regarding claimant's post-injury claim. The court affirmed, holding that the WCJ correctly identified claimant's employer as the subcontractor that he worked for on a construction project, which had purchased WC insurance through the general contractor-controlled insurance program, rather than the general contractor itself. The court concluded further that the WCJ correctly calculated the su
Publication Date: 2024-08-23
Practice Area: Real Estate
Industry: Hospitality and Lodging | Non-Profit | Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 962 C.D. 2022
The court affirmed the order of the Court of Common Pleas of Beaver County granting the application of Lowell Lundy to liquidate and dissolve the Mt. Vernon Tenants Association, Inc. and appoint a liquidating receiver for the association under § 5981 of the Nonprofit Corporation Law of 1988, 15 Pa. C.S. § 5981.
Publication Date: 2024-08-23
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wolf
Attorneys: For plaintiff:
for defendant:
Case Number: 929 C.D. 2023
Trial court erred in upholding license suspension under implied consent law where a separate, explicit request to submit to chemical testing was required after reading implied consent warnings and there was inadequate evidence to find that a separate request was made. Order of the trial court reversed.
Publication Date: 2024-08-16
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 875 C.D. 2021
Trial court erred in rescinding license suspension where Vehicle Code expressly defined Accelerated Rehabilitative Disposition as a "prior offense" and case law declaring the relevant provisions of the Vehicle Code unconstitutional had been expressly overruled. Order of the trial court reversed.
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