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Publication Date: 2023-02-13
Practice Area: Administrative Law
Industry: Food and Beverage | Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1258 C.D. 2021
Where prior version of the Liquor Code did not expressly state that wine sales by expanded permit holders had to occur in one location or that processing of payment and transfer of possession of the wine had to occur contemporaneously, the ambiguity of the provision entitled licensee to relief from sanctions under the rule of lenity.
Publication Date: 2023-01-30
Practice Area: Tax
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 260 M.D. 2018
Local stormwater management fee constituted a tax that commonwealth entities were immune from because it funded ongoing stormwater management and flood mitigation projects that provided a general benefit or protected the public welfare, rather than providing a specific benefit to the fee payer. Respondents' motion for summary judgment granted.
Publication Date: 2023-01-23
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 343 C.D. 2022
Court found no error in revoking a license to carry firearms and denial of an application for a new license to carry a firearm where license holder had been arrested for terroristic threats and his prior history of criminal arrests and domestic violence issues indicated insufficient character that disqualified him from holding an LTC. Order of the trial court affirmed.
Publication Date: 2023-01-23
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 123 M.D. 2018
Petitioner sought a declaration that he was no longer required to register as a sex offender in Pennsylvania based on his 1997 New York conviction and court found the registration requirements of SORNA II were not unconstitutional as applied to petitioner and court was not able to determine what registration, if any, applied to petitioner because the record did not contain evidence allowing court to determine the age of the victim and what Pennsylvania statute was comparable to the New York statute under which he was convicted. Applic
Publication Date: 2023-01-09
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 908 C.D. 2021
The trial court erred in granting applicant a use variance based on its finding that the property was subject to a unique hardship as the record supported the conclusion that the asserted hardship was common to a large portion of the properties in the town's commercial district. The commonwealth court reversed.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2023-01-02
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 558 C.D. 2021
Hearing officer properly found pharmacy's fee review applications were not premature because petitioner was obligated to dispute liability for claimant's treatment through the utilization process in order to render pharmacy's fee applications premature. Affirmed.
Publication Date: 2023-01-02
Practice Area: Employment Litigation
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 712 C.D. 2021
Hearing officer correctly found respondent's fee review petition was not premature in petitioner's challenge to hearing officer's decision that petitioner could not deny reimbursement to respondent without first seeking utilization review and ordering petitioner to reimburse respondent because none of the conditions in WC regulation 127.255 were met. Affirmed.
Publication Date: 2023-01-02
Practice Area: Tax
Industry: Entertainment and Leisure
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 802 F.R. 2016
Board of finance properly held petitioner was entitled to a deduction from its gross revenues under §1103 for PC Points it issued to patrons that were redeemed for appropriate items but erred in its calculation because petitioner did not track what specific items were distributed at redemption and commonwealth appropriately requested remand for recalculation of the proper deductions. Affirmed and vacated.
Publication Date: 2022-11-21
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1358 C.D. 2021
Trial court erred in overturning driver's license suspension under Implied Consent Law where evidence showed that driver did not give unequivocal, unqualified asset to submit to blood testing, and thus had effectively refused testing. Order of the trial court reversed.
Publication Date: 2022-11-21
Practice Area: Education Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1140 C.D. 2021
Trial court properly sustained appellees' preliminary objections in appellants' action to stop closure of a school and arguing a due process right to education at the school of one's choice and a fiduciary duty by school board to the community as regards the school closure. Affirmed.
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