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Publication Date: 2021-06-07
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-0627
Petitioner, convicted in New York and ordered to register for life as a sex offender in New York, sought summary relief from act 10 and court found his registration requirements had not been completed in New York, he was not entitled to relief under 42 Pa. C.S. §9799.54(a)(4) and since T.S. v. Pennsylvania State Police, 231 A.3d 103, had been overturned by the supreme court, that case could not provide a basis for summary relief. Application denied.
Publication Date: 2021-05-31
Practice Area: Civil Procedure
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 21-0590
The commonwealth court lacked jurisdiction to hear this appeal from an unsuccessful request under the Right-to-Know Law where appellant, an incarcerated person, failed to satisfy his burden of demonstrating the timeliness of his notice of appeal. The commonwealth court quashed the appeal for lack of jurisdiction.
Publication Date: 2021-05-31
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 21-0602
Trial court properly found boundary line between two townships and properly adopted recommendation of the appointed board of boundary commissioners because court could not set aside one set of assumptions supported by record evidence and commissioners' view of the land involved and alleged monument on site in favor of another set and commissioners found resort to evidence of acquiescence was unnecessary given their finding that the Woodward surveyors' line was the true boundary line between the townships. Affirmed.
Publication Date: 2021-05-31
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 21-0604
Trial court did not err in finding that records requester sought of a police welfare check on her mother were generated as part of an investigation into the safety of mother in response to a complaint from a confidential source and were exempt under §708(b)(17) as noncriminal investigation records. Affirmed.
Publication Date: 2021-05-31
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 21-0607
Court reconsidered its review of act 12 of 2019 and found act pertained to the provision of "basic necessities of life to certain low-income individuals," the topic fit within the single subject rubric and fact that some of the provisions raised revenue for the assistance did not violate Art. III of the Pennsylvania constitution nor did it violate the "original purpose rule." Preliminary objections sustained.
Law Journal Press | Digital Book
Authors: GailAnn Y. Stargardter, Rand L. Chritton, Andrew J. King, Erin M. Gallagher
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Publication Date: 2021-05-24
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 21-0567
The trial court properly barred a property owner from offering testimony regarding the highest and best use for its property during the preliminary objection stage of condemnation proceedings as the condemnor was not required to consider such factors as part of its suitable investigation and resulting intelligent, informed judgment. The commonwealth court affirmed the trial court's ruling.
Publication Date: 2021-05-24
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-0580
Property owner alleged she never received notice of the judicial sale of her property for nonpayment of taxes and court found bureau did not comply with its obligations under the law's notice requirements which left court of common pleas without jurisdiction to direct judicial sale of the property. Reversed.
Publication Date: 2021-05-24
Practice Area: Contractual Disputes
Industry: Non-Profit | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 21-0581
Respondent nonprofit corporation moved to dismiss Pennsylvania Public Utility Commission's breach of contract action on statute of limitations grounds and court found PUC was a commonwealth agency entitled to invoke the nullum tempus doctrine and it sought to vindicate public rights. Motion denied.
Publication Date: 2021-05-24
Practice Area: Labor Law
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 21-0570
The Workers' Compensation Appeal Board properly affirmed a finding that an employer-employee relationship existed between Berkebile Towing and Recovery and the decedent tow truck operator where the facts were largely analogous to those that established an employment relationship in Sarver Towing v. Workers' Comp. Appeal Bd. The commonwealth court affirmed.
Publication Date: 2021-05-24
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 21-0576
Commonwealth agency could seek workers' compensation benefit offset for State Employees' Retirement System pension benefit payments to disabled state employee. Order of the workers' compensation appeal board affirmed.
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