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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: 2024-06-21
Practice Area: Labor Law
Industry: Automotive | Manufacturing
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 1326 C.D. 2023
Workers' Compensation Judge had sufficient basis to deny claim petition for lead exposure where the WCJ credited employer's experts over claimant's expert to conclude claimant had failed to establish that his occupational lead exposure had reached toxic levels, caused his claimed symptoms, or that his symptoms prevented him from working. Order of the Workers' Compensation Appeal Board affirmed.
Publication Date: 2024-06-21
Practice Area: Land Use and Planning
Industry: Agriculture | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 969 C.D. 2023
Trial court lacked authority to impose conditions of use on a deemed approval of a zoning variance application, as a deemed approval allowed for nonconforming uses. Order of the trial court affirmed in part and reversed in part.
Publication Date: 2024-06-21
Practice Area: Land Use and Planning
Industry: Health Care | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 151 C.D. 2023
Applicants appealed the trial court's denials of their zoning appeals. The court affirmed, holding that appellants were not entitled to a curative amendment to appellee's allegedly exclusionary zoning code where appellants' desired use of their properties for a "transitional living facility" reflected a particular business model rather than a single use.
Publication Date: 2024-05-31
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 47 M.D. 2021
Respondent applied for summary relief denying petitioner's petition for removal from Pennsylvania's sex offender registry. The court granted respondent's application for summary relief, holding that petitioner, who was incarcerated and became subject to Megan's Law II upon its effective date in 2000, was required as a matter of law to register as a sex offender for his lifetime.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2024-05-31
Practice Area: Education Law
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 501 C.D. 2023
Board correctly found petitioner's third charter school application failed to satisfy the requirements of §1717-A(e)(2) of the Charter School Law. Affirmed.
Publication Date: 2024-05-24
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 661 C.D. 2023
Commonwealth appealed the trial court's sustaining of licensee's statutory appeal from a driver's license suspension imposed after licensee's refusal to submit to chemical testing for driving under the influence. The court reversed and remanded with directions for reinstatement of licensee's driver's license suspension where the trial court erroneously characterized Commonwealth's evidentiary proffer of implied consent Form DL-26A to be inadmissible hearsay not subject to a hearsay exception.
Publication Date: 2024-04-26
Practice Area: Education Law
Industry: Education | Transportation
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 1259 C.D. 2019
Trial court construed the plain language of the school code and the charter school law correctly in holding that school districts were allowed to use public transportation in transporting charter school students to out of district schools and any requirement to transport both charter and school district students under the same conditions pertained to travel distance and safety, not the specific mode of transportation. Affirmed.
Publication Date: 2024-04-19
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 409 C.D. 2022
Trial court erroneously dismissed appellant property owners' tax appeal where assessor office's unilateral revision to the property's square footage constituted a new issue that meant the owners' prior assessment appeal did not collaterally estop them from challenging the new square footage determination. Order of the trial court reversed and remanded.
Publication Date: 2024-04-05
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 1253 C.D. 2019
Inconclusive scientific evidence of a causal connection between exposure to RF or EM emissions and adverse health effects was insufficient for a utility customer to prove by a preponderance of the evidence that having a required smart meter in their home constituted unsafe or unreasonable utility service. Order of the Public Utility Commission affirmed.
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