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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
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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.
Law Journal Press | Digital Book
Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2019-05-27
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0614
Board correctly held that §604 of PERA did not prohibit a union from representing township public works employees and full-time and regular part-time act 111 police officers because board's interpretation properly respected police officers act 111 rights to bargain collectively without PERA's intrusion therein. Affirmed.
Publication Date: 2019-04-22
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0454
Secretary erred in concluding wrongfully terminated employee had not made reasonable efforts to mitigate damages where employee obtained other work and sought continued education and training during relevant period, and where employer's evidence of alternative work was unsuited to the employee's circumstances. Order of the secretary of education vacated and remanded.
Publication Date: 2019-04-22
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0463
The secretary erred in awarding damages for petitioner's lost compensation after he was improperly terminated as a teacher because petitioner did not fail to mitigate damages as secretary erroneously found, where petitioner sought other teaching jobs until his unemployment ran out, was unsuccessful due to his termination from a tenured position and he then took a security guard position. Order vacated.
Publication Date: 2019-04-15
Practice Area: Family Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0421
Bureau of Hearings and Appeals erred in concluding that petitioner acted recklessly and committed child abuse in denying petitioner's request to expunge his indicated report of child abuse because petitioner tried to use a Safe Crisis Management approved upper torso restraint on minor but the restraint did not go as planned and there was no evidence that petitioner grossly deviated from what a reasonable person would have found acceptable under the same circumstances. Reversed.
Publication Date: 2019-04-15
Practice Area: Real Estate
Industry: Financial Services and Banking
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0422
Appellants appealed the order granting their motion to redeem property sold at a sheriffs' sale for delinquent real estate taxes and the court found the trial court did not abuse its discretion because, since appellants did not act until after the sheriff's sale, they were obligated to pay the purchaser the amounts specified in §32(a) of the act to redeem the property. Affirmed.
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