• City of Philadelphia v. Cost

    Publication Date: 2024-11-08
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Wright
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1037 CD 2024

    In this § 1925(a) opinion, the court urged the Commonwealth Court to affirm its May 21, 2024 order holding that it lacked jurisdiction to act further on the case involving the City's enforcement of the property maintenance code pursuant to Pa. R.A.P. 1701 because appellant had appealed the court's Final Order for Injunction imposing a statutory fine and reinspection fees and an order for demolition of the property in question. The docket revealed that appellant filed a notice of appeal from the order 52 days after the June 21, 2024 de

  • Martin v. Donegal Twp.

    Publication Date: 2024-11-08
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 24 WAP 2023

    Township petitioners appealed the Commonwealth Court's decision reversing the trial court's dismissal of an election challenge. The court reversed, holding that the township's application of Second Class Township Code Section 402(e) to reduce its board of supervisors from five members to three did not result in the unconstitutional "removal" of a board member whose term was shortened as a result.

  • Piotrowski v. Dep't of Health

    Publication Date: 2024-11-08
    Practice Area: Health Care Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1232 C.D. 2023

    The court reversed respondent's suspension of petitioner's license as an emergency medical services provider finding respondent failed to prove that petitioner operated an emergency vehicle in a reckless manner.

  • City of Philadelphia Dep't of Licenses & Inspection v. Bochetto

    Publication Date: 2024-11-08
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Street
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 230800104

    City appealed the trial court's decision affirming a decision of the Office of Open Records regarding a Right to Know Law request. The court recommended that the matter be remanded for further proceedings where appellant filed its appeal a mere two days after filing a motion for reconsideration, which effectively deprived the court of the opportunity to prepare a new decision in light of the issue raised by appellant in its motion for reconsideration and subsequent notice of appeal.

  • Gentilquore v. Pennsylvania Dep't of Corr.

    Publication Date: 2024-11-08
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 45 M.D. 2021

    Petitioner invoked the court's original jurisdiction to seek review of procedures adopted by respondent to administer its medical services program. The court dismissed the petition for review for lack of jurisdiction, holding that petitioner's action failed to identify a constitutional right or protected interest as required to invoke the court's original jurisdiction over prisoner due process claims.

  • Law Journal Press | Digital Book

    Chester County Court Rules 2024

    Authors:

    View this Book

    View more book results for the query "*"

  • City of Philadelphia v. Lindley Tower Realty Co. L.P.

    Publication Date: 2024-11-01
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1072 C.D. 2024

    Trial court erred in ordering building demolition where there was no evidence of the building's interior or structural condition to support finding that it posed an imminent risk of collapse. Order of the trial court vacated, case remanded.

  • Schmidt v. Pennsylvania Dep't of Transp.

    Publication Date: 2024-11-01
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 33 C.D. 2023

    Falling branch from tree whose base was outside commonwealth property or right-of-way was insufficient to trigger the real estate exception to sovereign immunity. Order of the trial court affirmed.

  • Cowen v. Dep't of Corr. (Workers' Comp. Appeal Bd)

    Publication Date: 2024-11-01
    Practice Area: Labor Law
    Industry: Legal Services | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 434 C.D. 2023

    Claimant employee petitioned for review of an order of respondent Workers' Compensation Appeal Board which affirmed a workers' compensation judge's adverse determinations on multiple petitions. The court affirmed, holding in part that claimant failed to demonstrate that she received ineffective assistance of counsel where her former attorney withdrew from representation after claimant disagreed with his strategic decisions and recommendations regarding the handling of her case and settlement of her claim.

  • Chappell v. Commonwealth

    Publication Date: 2024-11-01
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 431 C.D. 2022

    The court took up appellant's case after having remanded the action to the trial court for a new decision in appellant's appeal of Commonwealth's lifetime disqualification of appellant's commercial driver's license. The court affirmed, holding that appellant failed to demonstrate a violation of the Eighth Amendment's prohibition against cruel and unusual punishment where the Uniform Commercial Driver's License Act mandated lifetime disqualification of appellant's CDL after his commission of a second instance of driving under the influ

  • Greer v. S. Franklin Twp.

    Publication Date: 2024-11-01
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 604 C.D. 2023

    Appellant township appealed the trial court's order awarding monetary damages for physical injury to a resident's property arising from improper diversion of water. The court dismissed the appeal for township's failure to file post-trial motions, which resulted in waiver of township's issues on appeal.