• Curry v. Bureau of Driver Licensing

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 9 C.D. 2023

    Refusal of chemical testing was conscious and voluntary where licensee's wrist discomfort did not prevent him from making a knowing decision and where police were not required to force arrestees to pay attention when being read implied consent warnings. Order of the trial court affirmed.

  • Colbert v. President Judge Hall

    Publication Date: 2024-07-12
    Practice Area: Court Administration
    Industry:
    Court: Commonwealth Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 241 M.D. 2023

    Respondent President Judge filed preliminary objections to petitioner's petition for review. The court sustained one of the preliminary objections and transferred the action to the Supreme Court of Pennsylvania, holding that it lacked original jurisdiction to resolve and grant relief regarding petitioner's challenges to administrative restrictions on cell phone use within the Court of Common Pleas.

  • Miron v. Delaware County Tax Claim Bureau

    Publication Date: 2024-07-12
    Practice Area: Tax
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 290 C.D. 2023

    Mortgagee was not entitled to mailed notice of pre-tax sale proceedings where they did not qualify as an "owner" under the Tax Sale Law. Order of the trial court affirmed.

  • 770 Ameribeer, Inc. v. Pennsylvania Liquor Control Bd.

    Publication Date: 2024-07-12
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 509 C.D. 2022

    Licensee appealed the trial court's order upholding the Pennsylvania Liquor Control Board's denial of licensee's application to renew its restaurant liquor license. The court affirmed, concluding in pertinent part that sufficient evidence supported the determination that licensee did not operate a bona fide restaurant where licensee had a demonstrated history of failing to operate a restaurant and undertook remedial measures only when its restaurant liquor license was at risk of revocation.

  • Armstrong Twp. v. Lycoming County Bd. of Assessment Appeals

    Publication Date: 2024-07-12
    Practice Area: Real Estate
    Industry: Legal Services | Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 140 C.D. 2022

    Property owner appealed the trial court's order granting township's motion to enforce a settlement agreement. The court reversed, holding the trial court abused its discretion in finding the existence of a valid and enforceable settlement agreement where the parties' negotiations remained ongoing and owner's prompt repudiation of a suggested settlement deprived his attorney of express authority to settle on his behalf.

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  • Cogan Prop., LLC v. E. Union Twp. Zoning Hearing Bd.

    Publication Date: 2024-07-05
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 619 C.D. 2023

    Applicant appealed from the trial court's order that affirmed the decision of a township zoning hearing board denying a special exception for a private recreational facility on applicant's property. The court affirmed, holding that there was no error in the denial of applicant's special exception use application where applicant failed to demonstrate that use of its property as a gun range was compatible, in nature and intensity, with the adjoining residential developments and the character of the zoning district and neighborhood where

  • Krasner v. Henry

    Publication Date: 2024-07-05
    Practice Area: Government
    Industry: Legal Services | State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 8 M.D. 2024

    Court rejected petitioners' constitutional challenge to law appointing special prosecutor to handle crimes occurring on Southeastern Pennsylvania Transportation Authority property, where the law did not improperly usurp petitioners' prosecutorial functions, did not violate defendants' equal protection or due process rights, and did not constitute a special or local law as it was directed to an instrumentality of the commonwealth. Petitioner's application for summary relief denied, respondent's cross-application granted. Intervenor's m

  • McKenna v. Dep't of Transp.

    Publication Date: 2024-07-05
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 581 C.D. 2021

    Property owners were not entitled to board of viewers where replacement of highway interchange constituted a "reconstruction" permitted under the existing permanent easement and there was no evidence of impairment of use or value of the property. Order of the trial court affirmed.

  • Reading Anthracite Co. v. Oxenrider

    Publication Date: 2024-06-28
    Practice Area: Labor Law
    Industry: Insurance | Mining and Resources
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 120 C.D. 2023

    Petitioners sought review of the Workers' Compensation Appeal Board's order affirming a workers' compensation judge's decision that denied a petition for review of a compensation benefits award. The court affirmed, holding that the workers' compensation judge did not err by considering circumstances, including the timeliness and the manner in which an insurer handled a claim, when denying a corrective amendment to a Notice of Compensation Payable where the issue was the identity of the claimant's employer.

  • Seguro Medico, LLC v. Pennsylvania Ins. Dep't

    Publication Date: 2024-06-28
    Practice Area: Administrative Law
    Industry: Insurance
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 805 C.D. 2023

    Petitioners sought review of a letter in which respondent Pennsylvania Insurance Department's declined to vacate consent orders entered into by petitioners. The court quashed the appellate petition for review because respondent's letter was not an appealable adjudication.