• Perry v. S. Union Twp. Zoning Hearing Bd.

    Publication Date: 2023-09-18
    Practice Area: Land Use and Planning
    Industry: Food and Beverage | Real Estate | State and Local Government
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 111 of 2023 G.D.

    Residential property owners appealed a Zoning Hearing Board's decision to approve a restaurant's application to use a portion of its property for offsite parking. The court affirmed the Board's decision, finding that it did not manifestly abuse its discretion in approving the restaurant's application.

  • Poplawski v. Jiunta

    Publication Date: 2023-09-18
    Practice Area: Personal Injury
    Industry: Real Estate | Retail
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3338 CIVIL 2023

    Defendant landlord filed preliminary objections to plaintiff's complaint alleging that he was injured when a large mirror fell on him in a business leased from defendant. The court denied defendant's objections, finding that discovery would provide further clarity on defendant's role and potential liability.

  • Alpine Prop. Rentals, LLC v. South Union Twp. Zoning Hearing Bd.

    Publication Date: 2023-09-04
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Leskinen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2424 of 2022, G.D.

    Property owner appealed township's cease and desist notice barring it from using its residential property as a short-term vacation rental. The court denied the land use appeal, holding that township's zoning hearing board did not err in concluding township's zoning ordinance barred such transient use in a residential zoning district.

  • Commonwealth v. Swaney

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Cordaro
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 919 of 2022

    Defendant was entitled to suppression of narcotics evidence seized from her vehicle where she did not voluntarily consent to a trooper's warrantless nighttime search of the car during a roadside traffic stop to investigate defendant's lack of insurance and an invalid registration. The court granted defendant's motion to suppress evidence and for writ of habeas and dismissed the associated counts in the underlying Information.

  • Commonwealth v. Gaydos

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Leskinen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2518 of 2021

    Court granted juvenile's petition for transfer to juvenile court on homicide charge where he had no prior record, suffered from anger management issues, and was likely to have a finding of lesser culpability by the jury under a theory of self-defense or imperfect self-defense. Defendant's petition for transfer granted.

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  • Stumpo v. Camp

    Publication Date: 2023-03-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 78 of 2021, G.D.

    Claims to quiet title and adverse possession failed where evidence clearly showed that defendants owned the disputed property and had permitted plaintiff to use the disputed portions during the entire length of defendants' ownership of their parcel.

  • Commonwealth v. McShane

    Publication Date: 2023-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 617 of 2020

    The court granted in part and denied in part criminal defendant's motion to suppress statements and references to a polygraph examination. The court agreed that the totality of circumstances demonstrated that statements defendant made prior to the examination were willingly given. The court found, however, that the totality of circumstances warranted precluding references to the examination at large.

  • Calvary SPV I, LLC v. Buckholder

    Publication Date: 2023-01-02
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2231 of 2014, G.D.

    The court granted defendant's motion for summary judgment on the grounds that plaintiff failed to produce sufficient evidence under Pa.R.C.P. 1035.3(2) to establish that there was an agreement between the parties, nor that any debt was owed.

  • Commonwealth v. McShane

    Publication Date: 2022-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 617 of 2020

    While police employed intense tactics during an interrogation of defendant, the court found no basis for his claim that the interview was so manipulative or coercive that authorities deprived defendant of his ability to make a free and unconstrained decision to confess. The court denied defendant's motion to suppress.

  • Richards v. Nationwide Prop. & Cas. Ins. Co.

    Publication Date: 2022-07-18
    Practice Area: Insurance Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0725

    Court granted defendant insurance company's motion to dismiss case on the basis that plaintiff had signed a release which discharged defendant from all past, present, and future claims resulting from the accident at issue. Although plaintiff argued that there was a mutual mistake at the time of signing, the court held that Pennsylvania law treats releases as contracts and plaintiff was represented by counsel at the time of signing and indicated she understood the nature of the contract.