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  • Pennsylvania State Sys. of Higher Educ. v. Pennsylvania State Sys. of Higher Educ. Officers' Ass'n

    Publication Date: 2024-08-09
    Practice Area: Labor Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 961 C.D. 2022

    University could terminate police officer for discriminatory social media posts under long-standing public policy prohibiting discrimination and department policy requiring officers to exercise their duties with respect for others' rights. Petition for review granted.

  • Iskra v. Aussie Pet Mobile Bux-Mont (Workers' Comp. Appeal Bd.)

    Publication Date: 2024-08-09
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 503 C.D. 2021

    Workers' compensation judge erred in reinstating total disability benefits as of the date of court decision striking down impairment rating evaluation provisions rather than the date of claimant's reinstatement petition where the court decision was not given full retroactivity. Order of the Workers' Compensation Appeal Board vacated and remanded in part and reversed in part.

  • VNA of St. Luke's Home Health/Hospice, Inc. v. Ortiz

    Publication Date: 2024-08-09
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1312 C.D. 2022

    Worker's Compensation Appeal Board decision granting employer's modification petitions and denying claimant's request for litigation cost reimbursement affirmed. Board's order denying the employer's request to set aside the stipulation of facts reversed.

  • Follman v. Sch. Dist. of Philadelphia

    Publication Date: 2024-08-02
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1323 C.D. 2023

    Petitioner sought review of an order of Pennsylvania's Secretary of Education which affirmed a decision of respondent School District of Philadelphia's Board of Education that dismissed petitioner from his employment as a tenured teacher. The court reversed, reinstated petitioner, and remanded for a determination of damages. The court held that Board violated petitioner's rights to a hearing under the School Code's procedures for the termination of tenured professional employees when Board's hearing officer conducted petitioner's term

  • Molchan v. Mercer County Tax Claim Bureau

    Publication Date: 2024-08-02
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 382 C.D. 2023

    Trial court erred in denying petition to set aside upset tax sale based on alleged defects in posted notice where county revenue department's director was not qualified to testify as to how third-party company created and maintained its record of posting notice on the property. Order of the trial court reversed.

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  • Brandywine Vill. Assoc., LP v. E. Brandywine Twp.

    Publication Date: 2024-07-26
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1291 C.D. 2023

    Appellants appealed the trial court's order granting summary judgment in favor of appellees and dismissing with prejudice appellants' action for declaratory judgment and injunctive relief. The court affirmed, holding that appellant's suit was barred on grounds of collateral estoppel where their argument that township had abandoned the public purpose for which it had condemned land had been fully and fairly litigated in earlier proceedings.

  • Brandywine Vill. Assocs., LLP v. Pennsylvania Dep't of Transp.

    Publication Date: 2024-07-26
    Practice Area: Land Use and Planning
    Industry: Real Estate | Retail | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1214 C.D. 2023

    Petitioners sought review of a final agency order denying their objections to a hearing officer's proposed report, which denied their appeal of a highway occupancy permit issued to a third party. The court affirmed, holding in pertinent part that a petitioner who contested an abutting property owner's highway occupancy permit was not entitled to present administrative hearing evidence regarding alleged traffic safety issues created within a shopping center on its own private property, absent evidence that the issue related to highway

  • In re: Appeal of Hawknet Prop., LLC

    Publication Date: 2024-07-26
    Practice Area: Tax
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1283 C.D. 2022

    Court found no error in trial court's judgment where property owner failed to present evidence to rebut presumption of validity of city's property assessment and the trial court could credit the city's expert's testimony to find a basis to increase the assessment. Order of the trial court affirmed.

  • Mahoning Twp. v. Zoning Hearing Bd. of Mahoning Twp.

    Publication Date: 2024-07-26
    Practice Area: Land Use and Planning
    Industry: Entertainment and Leisure | Hospitality and Lodging | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 68 C.D. 2023

    Trial court properly found drive-in theatre was operating a campground in violation of the zoning ordinance when it allowed patrons to spend the night after watching a movie because the ordinance did not allow any type of camping in the C-1 commercial district, the definition of drive-in theater did not include the operation of a campground and a campground was not an accessory use to a drive-in theater. Affirmed.

  • Brown-Boyd v. Se. Pennsylvania Transp. Auth.

    Publication Date: 2024-07-26
    Practice Area: Personal Injury
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1167 C.D. 2022

    Defendants appealed the trial court's denial of their motion for summary judgment in plaintiff's action for personal injuries suffered while disembarking from a public transit bus. The court affirmed, holding that defendant bus driver was "operating" the bus for purposes of the vehicle exception to sovereign immunity when she stopped to allow plaintiff to exit and allegedly refused to lower the bus's handicap ramp, causing plaintiff's injuries.