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  • In the Matter of: Condemnation by the Franklin Twp. Sewage Auth.

    Publication Date: 2020-06-22
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0639

    Where sewer authority made good faith efforts to prevent overflow of sewage onto landowner's property, authority could not be said to have engaged in a purposeful and deliberate sewage plan under which overflows would constitute a de facto taking. Order of the trial court affirmed.

  • Pennsylvania Dep't of Labor & Indus. v. Darlington

    Publication Date: 2020-06-22
    Practice Area: Public Records
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0641

    The Office of Open Records correctly determined that regular agency inspection reports did not qualify as noncriminal investigation records and were therefore subject to disclosure under the Right-to-Know Law. Order of the Office of Open Records affirmed.

  • Fairview Twp. v. Fairview Twp. Zoning Hearing Bd.

    Publication Date: 2020-06-15
    Practice Area: Land Use and Planning | Telecommunications
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0611

    Variance to construct cell towers properly denied where applicant failed to meet bona fide zoning requirements, where FCC rulings only prohibited state and local governments from restricting applications solely on the presence of other providers. Order of the trial court reversed.

  • Colonial Sch. Dist. v. Montgomery County Bd. of Assessment Appeals

    Publication Date: 2020-06-15
    Practice Area: Tax
    Industry: Education | Retail
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0604

    The trial court erred in finding that the school district's decision to appeal the valuation of taxpayer's mall conformed to the Uniformity Clause of the Pennsylvania Constitution where it relied on factual findings not supported by substantial evidence. The commonwealth court vacated and remanded.

  • Heisler's Egg Farm, Inc. v. Walker Twp. Zoning Hearing Bd.

    Publication Date: 2020-06-15
    Practice Area: Land Use and Planning
    Industry: Agriculture
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0613

    Application for special exception to expand farm operations properly denied where applicant failed to meet objective standard under zoning ordinance to establish adequacy of water utilities to support expanded operations. Order of the trial court affirmed.

  • Law Journal Press | Digital Book

    Library of Georgia Family Law Forms, Fifth Edition

    Authors: Kessler & Solomiany LLC, Randall M. Kessler, Editor

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  • Washington Twp. Indep. Sch. Dist. v. State Bd. of Educ.

    Publication Date: 2020-06-15
    Practice Area: Education Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0621

    Petitioner independent school district challenged board's denial of its application to transfer to a different school district and court found board erred in its evaluation of the standards for the organization of school districts in the school code and board regulations. Reversed and remanded.

  • NRG Energy, Inc. v. Public Util. Comm'n

    Publication Date: 2020-06-15
    Practice Area: Public Utilities
    Industry: Energy
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0616

    Substantial evidence supported commission's opinion and order in its ruling on company's tariff increase because commission properly interpreted 66 Pa.C.S. §§332(a) and 315(a), weighed the evidence presented,ruling was not inconsistent with the electricity generation customer choice and competition act and did not rebundle distribution and generation rates. Affirmed.

  • Morgan v. Unemployment Compensation Bd. of Review

    Publication Date: 2020-06-15
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0615

    Unemployment compensation board of review correctly found that claimant voluntarily terminated his employment without a necessitous and compelling reason and failed to report all his earnings because claimant offered no objective evidence that his conditions of employment were unsafe, either for himself or the children served by employer, and his argument he did not expect to be paid for his training time was belied by his written offer of employment. Affirmed.

  • Philips Respironics v. Worker's Comp. Appeal Bd.

    Publication Date: 2020-06-08
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0586

    Employer challenged board's reversal of Workers' Compensation Judge's decision suspending claimant's wage loss benefits because claimant removed himself from the workforce and court found board erred since claimant unequivocally testified he had stopped looking for work partly due to the economics of his personal situation. Reversed.

  • J.S. v. Manheim Twp. Sch. Dist.

    Publication Date: 2020-06-01
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0562

    Trial court properly found hearing for student charged with terroristic threats and cyberbullying for a Snapchat meme did not comport with due process, there was no evidence student intended the meme to terrorize other student or be seen by the public and district's adjudication was not supported by substantial evidence. Affirmed.