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Publication Date: 2024-06-21
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 1284 C.D. 2022
Appellant appealed the trial court's order granting appellees' motions and quashing its appeal of a land development decision as untimely with no applicable exception to the 30-day appeal period. The court affirmed where appellant failed to file a timely appeal despite being aware of the relevant ordinances and review process and that appellee property owner's development application had been approved by appellee borough council.
Publication Date: 2024-06-21
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 828, 829, 830 C.D. 2022
Zoning board erred in denying applicant's requested multi-family use variances for buildings in a single-family residential district that had been used as multi-family dwellings for more than 50 years and court found board's findings and conclusions were not supported by substantial evidence and it abused its discretion in denying the variances. Reversed.
Publication Date: 2024-06-21
Practice Area: Land Use and Planning
Industry: Health Care | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 151 C.D. 2023
Applicants appealed the trial court's denials of their zoning appeals. The court affirmed, holding that appellants were not entitled to a curative amendment to appellee's allegedly exclusionary zoning code where appellants' desired use of their properties for a "transitional living facility" reflected a particular business model rather than a single use.
Publication Date: 2024-06-21
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1034 C.D. 2022
Appellant property owner appealed the trial court's order granting objectors' land use appeal. The court reversed, holding that owner's parcel was subject to a special city zoning code provision governing corner lots, which ultimately meant the property had no front yard setback requirements in light of the zoning district where it was situated.
Publication Date: 2024-06-14
Practice Area: Real Estate
Industry: E-Commerce | Hospitality and Lodging | Real Estate
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 968 C.D. 2023
The court affirmed the ruling of the trial court granting homeowner's motion for summary judgment, denying the owners' association cross motion for summary judgment, and declaring owners' association 2021 amendment to its bylaws void ab initio.
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Publication Date: 2024-06-14
Practice Area: Labor Law
Industry: Construction | Insurance
Court: Commonwealth Court
Judge: Judge Jubelier
Attorneys: For plaintiff:
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Case Number: 148 C.D. 2023
Workers' Compensation Act notice requirements extended to an insurer where a claimant worked as a sole proprietor since the protections of the notice requirements were more relevant to the insurer due to the unity between the claimant and employer. Order of the Workers' Compensation Appeal Board reversed.
Publication Date: 2024-06-14
Practice Area: Real Estate
Industry:
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 570 C.D. 2023
Appellant appealed the trial court's order dismissing her complaint with prejudice. The court vacated and remanded with directions, holding that the trial court's order was a legal nullity where the trial court acted before its original jurisdiction had revested after an earlier remand from the court.
Publication Date: 2024-06-14
Practice Area: Health Care Law
Industry: Chemicals and Materials | Consumer Products
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 58 M.D. 2022
Department of Health's terpene recall mandate constituted an unlawful regulation. Preliminary injunction on terpene recall made permanent.
Publication Date: 2024-06-07
Practice Area: Health Care Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 111 C.D. 2023
Petitioner sought review of a final order affirming respondent's decision adopting an administrative law judge's adjudication that denied petitioner's request for an exception to the cap on in-home care hours he could receive from his family. The court affirmed, holding that petitioner failed to demonstrate a burden on his free exercise of religion where he could continue to receive available home care and companion services despite the fact that his mother and sister would no longer be paid for providing more than 60 hours of care pe
Publication Date: 2024-06-07
Practice Area: Corporate Governance
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge Dumas
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Case Number: 1079 C.D. 2022
Orphans' court erred in denying church's request for a decree validating the August 2018 and 2019 elections and votes for church trustees and the February 2019 votes removing the pastor because some of orphans' court's findings regarding bylaw and vote requirements were unsupported by competent and adequate evidence of record, its reasoning was internally inconsistent and contradictory, and its interpretation of the bylaws notice provision was ordinarily barred by the rules of construction. Vacated and remanded.
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