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Publication Date: 2022-01-10
Practice Area: Real Estate
Industry: Financial Services and Banking | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0011
Trial court erred in granting partial summary judgment where there were outstanding factual disputes regarding whether a foreclosing lender assumed the mortgagor's proprietary development interests or willfully took on development activities. Partial summary judgment reversed, case remanded.
Publication Date: 2021-11-29
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 21-1381
Petitioner sought summary relief and an injunction to prevent acting secretary of the Pennsylvania Department of Health from enforcing a COVID-19 masking order and court found governor did not declare a new disaster emergency, acting secretary lacked authority to issue the order without complying with formal rulemaking requirements and the order was void ab initio. Summary relief granted to petitioner.
Publication Date: 2021-11-15
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 21-1322
Secretary properly rejected petitioner's protest of rejection of its bid submission because substantial evidence supported secretary's determination that petitioner's history of poor performance precluded status as a responsible bidder. Affirmed.
Publication Date: 2021-11-01
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 21-1277
The Department of Agriculture erred in imposing ongoing penalties upon petitioner, a class IV animal kennel license holder, for two discrete unauthorized transfers of dogs in excess of the number allowed since his conduct involved two separate and discrete violations of the Dog Law, warranting separate penalties. The commonwealth court reversed in part.
Publication Date: 2021-10-25
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
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Case Number: 21-1246
Department filed preliminary objections to inmate's petition asking court to order a new investigation, issue a declaratory judgment that DOC mishandled his sexual assault allegations and issue an injunction requiring DOC to comply with the Prison Rape Elimination Act and court found inmate did not raise a viable constitutional challenge and PREA created no private cause of action. Objections sustained and petition dismissed.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2021-10-11
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
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Case Number: 21-1169
Trial court erred in holding that public advocate could not appeal from a rate determination because city ordinance expressly authorized an appeal from a rate determination to the trial court, erred in approving city treasurer's non-recusal and erred in finding hearing officer report was sufficient but properly found the ratemaking procedure generally provided public advocate adequate participation. Affirmed in part, reversed in part, vacated in part and remanded.
Publication Date: 2021-08-23
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 21-0959
Claimant John Hutchinson petitioned for review of the Workers' Compensation Appeal Board's orders affirming a WCJ's ruling reinstating claimant's total temporary disability benefits and granting employer Annville Township's modification petition. Claimant suffered a work-related leg fracture in June 2006 and began receiving temporary total disability.
Publication Date: 2021-08-23
Practice Area: Tax
Industry: Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 21-0969
Commonwealth court panel correctly concluded that taxpayer was entitled to a sales tax refund on the three specific transactions at issue because there was no dispute the coupon taxpayer used established a new purchase price and taxpayer was entitled to a refund. Affirmed.
Publication Date: 2021-07-19
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0820
Property owners were not entitled to board of viewers for de facto taking where department lacked statutory or regulatory authority of condemnation and owners' own building/construction code violations caused the loss of use of their property. Order of the trial court affirmed.
Publication Date: 2021-07-12
Practice Area: Land Use and Planning
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 21-0795
Municipal authority's use of property constituted a public use, which constituted a conditional use under the local zoning ordinance and therefore requireda conditional use approval. Order of the trial court affirmed.
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