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Publication Date: 2018-04-03
Practice Area: Corporate Entities
Industry: Energy
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0382
The Commonwealth Court rejected petitioners contention that the individual petitioner, the sole member and managing member of an oil and gas company, could not be held liable for oil and gas regulatory violations under the participation theory because the theory does not apply where the challenged conduct consists of inaction. The court reversed and remanded on other grounds.
Publication Date: 2018-03-20
Practice Area: Environmental Law | Land Use and Planning
Industry: Non-Profit | Real Estate
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0280
Trial court erred in denying boards motion to dismiss appellants petition for review of boards letter determining that composting opera-tion was not a violation of the conservation easement on the land because no law gave appellant a third party right to enforce the ease-ment and the boards letter was not an adjudication under the local agency law.
Publication Date: 2018-02-13
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0148
Common pleas court correctly dismissed plaintiffs action alleging wrongful use of civil proceedings and abuse of process in defendants petition to set aside plaintiffs nomination petition for a primary election because under existing case law at the time defendants filed their petition, they had probable cause as a matter of law. Affirmed.
Publication Date: 2018-01-30
Practice Area: Creditors' and Debtors' Rights | Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0087
Trial court properly awarded $200,000 for the value of a condemned property and properly awarded township credit for the $140,000 it made in lien payments because townships argument that condemnee lacked standing. Affirmed.
Publication Date: 2018-01-09
Practice Area: Real Estate
Industry:
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1912
Trial court erred in upholding the zoning boards finding that appellants were operating a bed and breakfast because the language of the ordinance was ambiguous as to whether serving breakfast was required as part of the definition of a B&B and the ordinance had to be interpreted in favor of the landowners widest use of the land. Reversed.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2018-01-02
Practice Area: Administrative Law | Discovery | Public Records
Industry:
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1880
The Office of Open Records does not have jurisdiction to hear an appeal from the denial of a record request by a judicial agency; thus, it properly denied petitioners appeal from the denial of a Right-to-Know Law request for documents from the Judicial Conduct Board. The court affirmed the trial courts order.
Publication Date: 2017-12-26
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1853
The court granted respondents preliminary objections to inmates complaint asserting common law torts, constitutional and mandamus claims over spending decisions made with funds in the inmate general welfare fund and the destruction of some of his personal property because the DOCs fiscal administration policy did not provide prisoner IGWF representatives with the authority to approve, veto or vote on how the monies were spent, inmates claims were barred by sovereign immunity and the inmate grievance system was an adequate post-dep
Publication Date: 2017-12-12
Practice Area: Corporate Governance
Industry:
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1817
Trial court properly upheld nonprofit sportsmens clubs suspension of member, his removal from his board position and the refusal to renew his membership because his use of his position to act unilaterally for the club in violation of instructions from the board was cause to remove him from his board position and his refusal to return the clubs membership records was cause for his suspension. Affirmed.
Publication Date: 2017-10-10
Practice Area: Attorney Rates and Arrangements | Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1532
Given the U.S. Supreme Courts recent decision in Pittman v. Pa. Bd. of Probation and Parole, the Pennsylvania Board of Probation and Parole erred in determining that it lacked discretion to award petitioner credit for time spent at liberty on parole.
Publication Date: 2017-10-03
Practice Area: Regulation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1452
State board of barber examiners erred in denying petition for reinstatement based on prior drug convictions and/or insufficient rehabilitation from such convictions
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