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57 results for '* court:"Courts of Common Pleas Fayette County"' You can use Search Constraints to get even better search results
Publication Date: 2022-07-18
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Leskinen
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0727
Court granted defendant's motion to suppress evidence obtained during a warrantless search of his vehicle during a traffic stop. Specifically, because the police officer conducting the stop indicated he only searched the vehicle due to the smell of marijuana emanating from the vehicle, the court found that alone was not enough to justify the warrantless vehicle search and denied the commonwealth's argument that the officer had probable cause to search the vehicle.
Publication Date: 2022-07-18
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Courts of Common Pleas, Fayette County
Judge: Judge Leskinen
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0722
Plaintiffs failed to meet their burden of establishing the unconstitutionality of a Fayette County zoning ordinance governing junk storage and sales uses as well as salvage operation uses in high-density residential districts. The court denied plaintiff's motion for summary judgment.
Publication Date: 2022-07-18
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Creany
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0724
Court grants motion to dismiss claims arising from a father's will which failed to bequeath property to his children and instead named his friend as the main beneficiary. Although the daughter of the testator brought a claim for legal malpractice, the court noted Pennsylvania law was clear that only an individual who had an attorney-client relationship with an attorney could bring a claim against a lawyer. In this case, the plaintiff had never had an attorney-client relationship with the attorney who drafted testator's will. The court
Publication Date: 2022-03-07
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Cordaro
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0145
The court held that all aspects of the traffic stop involving defendant were unconstitutional because excessive nervousness of the defendant cited by the trooper as the basis for the investigatory detention was not sufficient; any evidence produced thereafter was subject to suppression. Pretrial motion granted.
Publication Date: 2022-02-07
Practice Area: Premises Liability
Industry: Hospitality and Lodging
Court: Courts of Common Pleas, Fayette County
Judge: Judge Leskinen
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0024
The court held that plaintiff failed to show negligence on the part of defendants and categorized plaintiff's actions of poking holes in roof to find weak spots an assumption of risk. Motion for summary judgment granted.
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Publication Date: 2022-01-31
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Leskinen
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0022
The court found that the police officer did not have probable cause for a warrantless search of defendant's vehicle subsequent to a traffic stop for allegedly failing to signal based solely on the odor of marijuana, but without other exigent circumstances. Motion to suppress granted.
Publication Date: 2022-01-31
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Leskinen
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0030
The court found that the police officer did not have a reasonable suspicion that defendant violated the city's open alcohol ordinance where defendant and an open bottle of alcohol were not on public property. Pre-trial motion to suppress evidence obtained subsequent to an investigative detention granted.
Publication Date: 2022-01-24
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0026
Plaintiff's complaint failed to sufficiently allege either a claim under the Private Road Act or a claim of easement by estoppel where the pleading did not include averments establishing necessity or public benefit from the opening of a road, and did not allege notice regarding the purported easement. The court sustained defendant's preliminary objections.
Publication Date: 2021-10-11
Practice Area: Tax
Industry: Real Estate
Court: Courts of Common Pleas, Fayette County
Judge: Judge Cordaro
Attorneys: For plaintiff:
for defendant:
Case Number: 21-11034
The court of common pleas granted a property owner's exception to a tax upset sale where the Fayette County Tax Claim Bureau failed to satisfy the statutory requirement to provide owner with proper notice or make reasonable efforts to discover his correct address before exposing his property to sale. The court recommended affirmance.
Publication Date: 2021-10-11
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1036
Plaintiffs established all the elements of an easement by implication where they proved an initial severance of adjoining properties and a subsequent use of the disputed area for entering their residence and accessing their back yard, which use was continuing, open and visible. The court granted plaintiffs declaratory relief.
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