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Publication Date: 2020-01-27
Practice Area: Tax
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 20-0069
The trial court erred in granting taxpayer summary judgment on an assessment appeal based on its finding that the school district targeted only commercial properties as the court was required to view the record, including evidence that assessment appeals were implemented without regard to property type, in a light most favorable to the district. The commonwealth court reversed and remanded.
Publication Date: 2020-01-20
Practice Area: Land Use and Planning
Industry: Agriculture | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 20-0052
Trial court erred in affirming zoning board's denial of appellant's appeal of the board finding its mulching operation was not permitted because appellant established the elements of equitable estoppel where it showed it relied on zoning officer's statement that the use was permitted before beginning operations and township knew of, and was a patron of, the business for more than ten years. Reversed.
Publication Date: 2019-12-23
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 19-1483
Request for a duplicate camera card after it was misplaced by a driver who had received his temporary internet license did not constitute a second license renewal request and therefore the bureau erred in refusing the request due to the driver's subsequent suspension of his driving privileges in another state. Order of the trial court affirmed.
Publication Date: 2019-08-26
Practice Area: Civil Procedure
Industry: Construction | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 19-0989
The commonwealth court declined to extend the discovery rule, a judicially created equitable doctrine that tolls a statute of limitations, to the arena of breach of contract actions involving express written negotiated contracts given that the state's high court has not done so. The appellate court vacated and remanded.
Publication Date: 2019-08-26
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 19-1002
Appellant property owners challenged trial court's dismissal of their complaint alleging taxing authorities did not have the right to appeal assessed values on the basis of current market value pursuant to §5-207.06(B)(7) of the county administrative code and board rule IV, §3A and court agreed with trial court that the complaint had to be dismissed but disagreed as to the grounds, finding appellants should have exhausted the assessment law appeal process before bringing a complaint before the trial court. Affirmed.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2019-07-01
Practice Area: Employment Litigation
Industry: Construction | Real Estate
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 19-0764
Unemployment compensation review board erred in finding that claimant was self-employed because claimant's prudent investment in his brother's business did not represent disqualifying self-employment under §402(h) where the evidence showed claimant did nothing for the company and received income akin to dividends. Reversed.
Publication Date: 2019-06-17
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 19-0696
Although zoning board erred by placing burden on landowner to present evidence regarding "total impact" of proposed use under special exception, objectors had only presented speculative and irrelevant evidence where the proposed use was a permissible use under the zoning ordinance. Order of the trial court reversed, case remanded.
Publication Date: 2019-06-17
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 19-0689
The trial court erred in dismissing defendant's appeal as Robinson Township did not comply with the mandatory enforcement notification requirements of Pennsylvania's Municipalities Planning Code §616.1 before issuing defendant a citation based on alleged violations of its zoning ordinance and seeking penalties under §617.2. The appellate court reversed.
Publication Date: 2019-06-10
Practice Area: Administrative Law | Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 19-0682
Trial court properly dismissed property owner's complaint seeking relief from property reassessments and asserting a class action but court affirmed, on another ground, that property owners failed to exhaust the remedies available to them pursuant to the second class county assessment law. Affirmed.
Publication Date: 2019-03-25
Practice Area: Regulation
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 19-0324
Real estate salesperson license applicant's failure to disclose prior federal felony convictions warranted revocation of license because it constituted a "false representation" and represented an act of dishonesty. Order of the State Real Estate Commission affirmed.
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