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Publication Date: 2024-07-12
Practice Area: Land Use and Planning
Industry: Energy | Real Estate | State and Local Government
Court: Courts of Common Pleas, York County
Judge: Judge Menges
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for defendant:
Case Number: 2022-SU-003077
Appellant developer appealed township's denial of its applications for a special exception and variances for construction of a solar farm. The court reversed, finding that a solar farm was not a use provided for in the township zoning ordinance and that appellee zoning hearing board erred in finding no unnecessary hardship using a strict practically valueless standard.
Publication Date: 2024-07-12
Practice Area: Civil Rights
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 928 C.D. 2022
Appellant prisoner appealed the trial court's order dismissing as frivolous his complaint asserting constitutional and pandemic safety protocol violations by Department of Corrections personnel. The court vacated and remanded for further proceedings where plaintiff plausibly alleged that prison officials violated the Eighth Amendment by placing him at risk of contracting COVID-19 when they failed to adhere to the Department's COVID-19 safety protocols and retaliated against him for filing associated grievances.
Publication Date: 2024-07-12
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
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Case Number: 23-5126
The court granted in part and denied in part the motion to dismiss filed by municipal defendants on plaintiff's 42 U.S.C. §1983 charges of state-created danger liability and municipal liability. The state-created danger liability claim survived.
Publication Date: 2024-07-12
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 48 C.D. 2023
Trial court erred in not requiring city to present its evidence first in hearing over an alleged zoning violation because §616.1(d) of the Municipalities Planning Code was mandatory and could not be waived. Reversed.
Publication Date: 2024-07-12
Practice Area: Administrative Law
Industry: Food and Beverage | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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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.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2024-07-12
Practice Area: Real Estate
Industry: Legal Services | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
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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.
Publication Date: 2024-07-05
Practice Area: Personal Injury
Industry: State and Local Government | Transportation
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Powell
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for defendant:
Case Number: 1431
Defendant transit authority appealed the court's denial of its post-trial motion for judgment notwithstanding the verdict or new trial in plaintiff bus passenger's personal injury case. The court concluded that its denial of post-trial relief should be affirmed. The court reasoned that defendant was not entitled to assert the jolt and jerk doctrine where plaintiff's theory of negligence focused on an obstruction in the aisle of the bus that she was riding, and not on the fact that the bus driver slammed on the vehicle's brakes.
Publication Date: 2024-07-05
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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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
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:
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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
Publication Date: 2024-07-05
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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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.
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