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Publication Date: 2020-10-12
Practice Area: Land Use and Planning
Industry:
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1115
Trial court erred in holding that the minimum variance criterion was inapplicable to use variances in objectors' challenge to grant of applicants' use and dimensional variances and court remanded for trial court to make the appropriate findings as to the quantitative aspects of the minimum variances necessary for this to be a viable project. Vacated and remanded.
Publication Date: 2020-10-05
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 20-1079
Trial court properly found that pro se inmate's action alleging his constitutional rights were violated by DOC's confiscation of duplicates of religious material inmate had received in the mail was frivolous because inmate failed to plead sufficient facts to state a claim for violation of his first and fourteenth amendment rights. Affirmed.
Publication Date: 2020-09-28
Practice Area: Public Records
Industry: Agriculture | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 20-1065
Office of Open Records erred in finding that the requested records were protected by the predecisional deliberation exemption because the requested documents reflecting the scores given to parts of the medical marijuana grower-processor permit application were neither confidential nor deliberative and did not constitute information protected by the temporary regulations at 28 Pa. Code §1141.22(b)(11). Reversed.
Publication Date: 2020-09-21
Practice Area: Labor Law
Industry: Consumer Products
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1031
Worker was entitled to award of reasonable attorneys' fees where employer failed to timely issue a notice of compensation payable (or notice of compensation denial), obligating the worker to file a claim petition which employer proceeded to contest in full despite having notice of claimant's injury and paying claimant's medical bills. Order of the Workers' Compensation Appeal Board reversed, case remanded.
Publication Date: 2020-09-14
Practice Area: Real Estate
Industry: Financial Services and Banking | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0995
The trial court did not err in denying the mortgagee bank's petition for appointment of viewers, filed after condemnation proceedings, since the language of the Eminent Domain Code excludes mortgagees from the definition of "condemnee" and, therefore, from the class of persons eligible to request the appointment of a board of viewers. The appellate court affirmed.
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Authors: ERNEST EDWARD BADWAY
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Publication Date: 2020-09-07
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0975
Petitioners challenged the requirement for good moral character for cosmetologists and estheticians in 63 P.S. §511(a) as unconstitutional and a violation of the due process and equal protection clauses of the Pennsylvania constitution and court found the requirement, on its face, violated the equal protection mandates of the Pennsylvania constitution. Motion granted.
Publication Date: 2020-08-31
Practice Area: Employment Litigation
Industry: Manufacturing
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0948
Board's conclusion that claimant was entitled to reinstatement of total disability benefits as of the date claimant filed the petition was consistent with act 111 and precedent. Affirmed.
Publication Date: 2020-08-31
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0951
Workers' compensation appeals board properly found claimant was entitled to reinstatement to total disability benefits and found reinstatement was effective the date she filed her reinstatement petition rather than the date of her conversion from total to partial disability benefits because claimant's modification from total to partial disability was effective in 2013 and was not appealed and board properly determined that WCJ's finding that employer was not entitled to a credit was premature. Affirmed.
Publication Date: 2020-08-31
Practice Area: Real Estate
Industry: Construction | Real Estate
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0942
Adoption of amendment to bylaws by property owners' association via email thread not valid where bylaws expressly only permitted electronic meetings via "conference telephone" or similar technology. Order of the trial court affirmed.
Publication Date: 2020-08-24
Practice Area: Land Use and Planning
Industry: Non-Profit | State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0904
A borough council did not err in granting an accommodation for applicant to use a single-family dwelling to provide temporary housing for cancer patients undergoing treatment where applicant demonstrated that the accommodation was necessary to afford such patients an equal opportunity to use and enjoy the property. The appellate court affirmed.
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