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Publication Date: 2024-11-22
Practice Area: Land Use and Planning
Industry: Food and Beverage | Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 201 C.D. 2024
Amendment allowing new businesses in commercial district to count public parking spaces toward parking requirements was arbitrary and an unconstitutional violation of equal protection where such benefits were not extended to existing businesses, which bore the burden to reduce public parking congestion that benefitted new businesses. Order of the trial court reversed.
Publication Date: 2024-11-01
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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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.
Publication Date: 2024-11-01
Practice Area: Labor Law
Industry: Legal Services | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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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.
Publication Date: 2024-11-01
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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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
Publication Date: 2024-11-01
Practice Area: Civil Appeals
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
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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.
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Publication Date: 2024-10-25
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
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Case Number: 1437 C.D. 2023
City engaged in a de facto taking where it delayed remediation of landslide that ultimately caused structural damage to homeowners' properties as the city attempted to strongarm owners into waiving their rights against the city. Order of the trial court affirmed.
Publication Date: 2024-10-18
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
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Case Number: 728 C.D. 2023
Administrative proceeding's failure to issue adjudication within statutory 45-day window did not constitute violation of petitioner's procedural due process rights where there was no prejudice to petitioner's rights or reputation from the delay.
Publication Date: 2024-10-18
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
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Case Number: 1511 C.D. 2023
Sufficient evidence existed to find a lack of willful misconduct by former employee where he voted himself as a write-in as a joke and reasonably but mistakenly believed he was not required by petitioner's code of conduct to report his election. Order of the Unemployment Compensation Appeal Board affirmed.
Publication Date: 2024-07-19
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
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Case Number: 464 C.D. 2023
Police had cause to arrest driver for driving under the influence under the totality of the circumstances, including erratic driving and visible signs of intoxication, supporting driver's license suspension after driver refused chemical testing. Order of the trial court affirmed.
Publication Date: 2024-07-19
Practice Area: Trusts and Estates
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 502 F.R. 2022
Petitioner sought review of an order of the Board of Finance and Revenue which upheld a Board of Appeals determination and the assessment of realty transfer tax on the transfer of a real estate company. The court reversed, holding that the transfer at issue was not subject to realty transfer tax because it was a transfer from a trustee of a living trust after the death of the settlor to the beneficiary of a living trust.
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