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  • Gen. Motors Corp. v. Commonwealth

    Publication Date: 2019-12-16
    Practice Area: Constitutional Law | Tax
    Industry: Automotive | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1443

    Flat-dollar cap on net loss carryover deduction severed and struck from tax code where it violated Uniformity Clause of Pennsylvania constitution. Order of the Board of Finance and Revenue reversed and remanded.

  • City of Philadelphia v. Jones

    Publication Date: 2019-12-09
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1419

    Trial court properly dismissed appellant's petition challenging notice of tax sale of his property and court agreed with trial court that appellant's petition was untimely and appellant lacked standing to challenge notice. Affirmed.

  • Stedman v. Lancaster County Bd. of Comm'rs

    Publication Date: 2019-12-09
    Practice Area: Government
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1425

    County commissioners filed preliminary objections to county district attorney's petition for review in dispute over who was to audit DA's use of funds forfeited under the forfeiture act and court found attorney general was not an indispensable party, the issues involved local political feuding among county government officials and court lacked original subject matter jurisdiction. Preliminary objections sustained.

  • POM of Pennsylvania, LLC v. Dep't of Revenue

    Publication Date: 2019-12-09
    Practice Area: Tax
    Industry: Entertainment and Leisure | Software | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1422

    Department moved for summary relief in its counterclaim asserting plaintiff's game was a slot machine under §1103 of the race horse development and gaming act and had not been inspected or certified by the gaming control board and court found plaintiff's game was not subject to the gaming act because the act did not regulate unlicensed slot machines that fell outside the ambit of the licensed facilities delineated by the act. Application denied.

  • J.S. v. Dep't of Human Serv.

    Publication Date: 2019-12-02
    Practice Area: Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1397

    Petition to expunge record of child abuse erroneously denied where ALJ did not cite substantial proof to find that injury to child "was more than the regrettable result of corporal punishment" based upon medical determinations outside ALJ's expertise. Order of the Bureau of Hearings and Appeals reversed.

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    Library of Georgia Personal Injury Forms, Seventh Edition

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  • Williams v. Wetzel

    Publication Date: 2019-12-02
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1405

    Petitioner sought declaratory and injunctive relief, asserting Department of Corrections removed inmates from their job assignments using DC-ADM 816 as a means to bypass the hearing requirements in DOC's regulations and court found DOC failed to follow the procedure for the informal resolution process under DC-ADM 801 and denied petitioner the process he was due under 37 Pa. Code §93.10(b). Petition granted.

  • Fedchem, LLC v. Workers' Comp. Appeal Bd. (Wescoe)

    Publication Date: 2019-12-02
    Practice Area: Labor Law
    Industry: Manufacturing | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1399

    Workers' Compensation Appeal Board erred in affirming Workers' Compensation Judge's denial of employer's modification petition based solely on claimant's vocational testimony when WCJ failed to address vocational expert testimony and where record required finding that jobs within claimant's capabilities were open and available. Order of the Workers' Compensation Appeal Board vacated and remanded.

  • Scarnati v. Dep't of Envtl. Prot.

    Publication Date: 2019-11-25
    Practice Area: Environmental Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1384

    Legislators lacked standing beyond a general interest in compliance with the law where their complaint failed to allege that their ability to participate in voting was negatively impacted or that they were deprived of their official powers as legislators. Respondents' preliminary objections sustained, petition dismissed.

  • Hydrojet Serv., Inc. v. Reading Area Water Auth.

    Publication Date: 2019-11-25
    Practice Area: Contracts
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1378

    The trial court did not err in relying on an oral settlement agreement between the parties to grant petitioner injunctive relief where all the necessary prerequisites for a valid contract, i.e., offer, acceptance and consideration, were established. The appellate court affirmed an order granting petitioner injunctive relief.

  • Protect PT v. Penn Twp. Zoning Hearing Bd.

    Publication Date: 2019-11-25
    Practice Area: Land Use and Planning
    Industry: Energy | Mining and Resources | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1385

    Zoning ordinance allowing unconventional natural gas development in districts permitting low-density residential development permissible where UNDG allowable in any zoning district because it was not incompatible with residential or agricultural uses. Order of the trial court affirmed.