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  • Dep't of Revenue v. Wagaman

    Publication Date: 2021-03-01
    Practice Area: Public Records
    Industry: Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0225

    Office of Open Records properly granted access to certain tax records in a neighborhood improvement zone under the RTKL because department did not prove that tax totals of NIZ revenue from certain types of taxes were statutorily exempt and OOR properly directed disclosure of tax totals for taxes in the other taxes category, where revenue was generated by three or more taxpayers and taxpayer's tax liability was not readily discernible from agency's disclosure of the requested information. Affirmed.

  • Cease v. Housing Auth. of Indiana County

    Publication Date: 2021-03-01
    Practice Area: Administrative Law
    Industry: Hospitality and Lodging | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0213

    The commonwealth court instructed a county housing authority to fulfill its mandate under the Quality Housing and Work Responsibility Act to establish fair and reasonable standards for determining in what circumstances admission to Section 8 housing is prohibited for an applicant legally using medical marijuana under state law and to apply such standards to the plaintiff. The commonwealth court affirmed in part and remanded.

  • In Re: Appeal of Station Place, LLC

    Publication Date: 2021-02-22
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0186

    Borough council properly denied revised land development plan, submitted following the zoning board's grant of variances subject to conditions, where the plan otherwise failed to comply with the borough's Subdivision and Land Development Ordinance, Stormwater Management Ordinance, and Streets and Sidewalks Ordinance or the conditions for the variances. Order of the trial court affirmed.

  • Cook v. City of Philadelphia Civil Serv. Comm'n

    Publication Date: 2021-02-22
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0160

    Public agency's failure to follow regulations in giving applicant for employment notice of their removal from the eligibility list deprived the applicant of fair access to public employment and constituted an adjudication by the agency subject to judicial review. Order of the trial court reversed and remanded.

  • Romutis v. Borough of Ellwood City

    Publication Date: 2021-02-22
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0198

    Trial court properly found that borough did not breach police chief's employment contract when it terminated him and since he was hired outside the civil service process, court could not extend the protections of 8 Pa.C.S.§1190(a) to chief under the guise of "public policy." Affirmed.

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    Pennsylvania Tax Handbook 2024

    Authors: Stewart M. Weintraub, Jennifer W. Karpchuk, Chamberlain Hrdlicka

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  • Sorrentino v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-02-22
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0197

    Board properly affirmed workers' compensation judge's grant of employer's petition to terminate, dismissing as moot employer's petition to suspend compensation benefits, denying claimant's petition to review benefits and challenge employer's notice of suspension, dismissing claimant's new claim petition and terminating claimant's benefits because WCJ issued a timely interlocutory order granting supersedeas in conjunction with the termination petition, timely ruled on claimant's challenge petition and properly credited employer's docto

  • Lancaster County Dist. Attorney's Office v. Walker

    Publication Date: 2021-02-22
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0193

    Trial court erred in finding, under the Right-to-Know Law, that district attorney's office did not have to disclose the names of purchasers of forfeited items because there was minimal privacy interest involved, the disposition of forfeited property was a public interest and trial court erred in its application of the balancing test. Reversed.

  • Respond Power, LLC v. Pub. Util. Comm'n

    Publication Date: 2021-02-22
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0194

    Commission did not err and did not abuse its discretion in dismissing petitioner's collateral attack on commission's order approving electrical distribution companies' default service program petition that included a clawback charge provision. Affirmed.

  • Sneddon v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-02-15
    Practice Area: Employment Litigation
    Industry: Aerospace
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0168

    Workers' compensation appeal board properly denied claimant's petition for benefits based on his alleged allergic reaction to his work uniform because workers compensation judge's opinion finding claimant did not meet his burden of proof was based on substantial, competent evidence in the record and was reasoned. Affirmed.

  • Bethlehem Manor Vill., LLC v. Zoning Hearing Bd. of City of Bethlehem

    Publication Date: 2021-02-15
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0155

    The Zoning Hearing Board of the City of Bethlehem erred in applying an overly narrow scope and standard of review to appellants' challenge to the denial of its application for a zoning permit for a proposed psychiatric hospital. The commonwealth court reversed and remanded.