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Publication Date: 2019-10-14
Practice Area: Administrative Law
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-1200
The commonwealth court lacked jurisdiction in this case as the Commonwealth of Pennsylvania Environmental Hearing Board adjudication being challenged was not appealable as of right under Pa.R.App.P. 311(f)(1). The appellate court granted an application to quash the appeal.
Publication Date: 2019-08-26
Practice Area: Administrative Law
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-1007
Appellant appealed trial court's ruling that board substantially complied with §607(b) of the Municipalities Planning Code in enacting a zoning ordinance and court found that while it agreed with trial court's conclusion that Zoning Ordinance Committee was a valid planning committee, ZOC failed to hold at least one public meeting pursuant to public notice as required by §607(b), and trial court erred in finding that board substantially complied with §607(b) in enacting the ordinance. Reversed.
Publication Date: 2019-08-26
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0992
Where petitioner's property was designated as historic under Philadelphia's Preservation Ordinance both individually and as part of a neighborhood historic district, the court could not offer petitioner any meaningful relief on appeal from the individual historic designation and, thus, the appeal was moot. The appellate court dismissed petitioner's appeal as moot.
Publication Date: 2019-08-12
Practice Area: Land Use and Planning
Industry: State and Local Government | Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0951
Trial court erred in affirming zoning hearing board's grant of a dimensional variance and special exception to applicant to construct a wireless communication tower because applicant did not establish an unnecessary hardship where property owner was already making reasonable use of the property, zoning board abused its discretion in finding applicant satisfied the requirement for a special exception and the TCA did not support the grant of the dimensional variance and special exception. Reversed.
Publication Date: 2019-08-12
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0939
The trial court properly granted objectors' petition to remove petitioner's name from a primary election ballot given that §1104(b)(3) of the Public Official and Employee Ethics Act clearly states that a candidate's failure to timely file a statement of financial interests is fatal. The appellate court affirmed an order striking petitioner's name from an election ballot.
Law Journal Press | Digital Book
Authors: Trey Cox, Jason Dennis
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Publication Date: 2019-07-22
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0846
DOC erred in failing to calculate credit for time served between a defendant's arrest for a second crime and the revocation of his bail for a prior arrest for which defendant had been released from custody pending disposition. Preliminary objections overruled.
Publication Date: 2019-07-22
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0849
Objectors challenged the trial court's dismissal of their appeal of zoning variances on lack of standing and unclean hands grounds and court found the close proximity of the properties and objector's testimony established their standing and the equitable unclean hands doctrine did not apply since the appeal was not an equity action. Reversed and remanded.
Publication Date: 2019-07-15
Practice Area: Insurance Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0815
Insurer acted unreasonably by cancelling insured homeowner's policy after giving her an impossible repair task to repair a chimney shared with an adjoining property when the adjoining owner refused access to his property for repairs. Order of the commissioner of the Pennsylvania Insurance Department affirmed.
Publication Date: 2019-07-01
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0763
Trial court properly found that public housing authority's alleged failure to illuminate the sidewalk in a public housing complex at night did not create an artificial condition or defect of commonwealth realty for which the housing authority could be liable in appellant's action for injuries from her fall on the sidewalk. Affirmed.
Publication Date: 2019-05-27
Practice Area: Land Use and Planning
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0610
Applicant challenged the conditions imposed by the zoning board for approval of its variance and the court found the hours of operation condition was reasonable and supported by the record but the condition that applicant comply with the land use development regulations was an abuse of discretion. Affirmed in part and reversed in part.
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