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Publication Date: 2024-07-05
Practice Area: Government
Industry: Legal Services | State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 8 M.D. 2024
Court rejected petitioners' constitutional challenge to law appointing special prosecutor to handle crimes occurring on Southeastern Pennsylvania Transportation Authority property, where the law did not improperly usurp petitioners' prosecutorial functions, did not violate defendants' equal protection or due process rights, and did not constitute a special or local law as it was directed to an instrumentality of the commonwealth. Petitioner's application for summary relief denied, respondent's cross-application granted. Intervenor's m
Publication Date: 2024-06-28
Practice Area: Labor Law
Industry: Insurance | Mining and Resources
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 120 C.D. 2023
Petitioners sought review of the Workers' Compensation Appeal Board's order affirming a workers' compensation judge's decision that denied a petition for review of a compensation benefits award. The court affirmed, holding that the workers' compensation judge did not err by considering circumstances, including the timeliness and the manner in which an insurer handled a claim, when denying a corrective amendment to a Notice of Compensation Payable where the issue was the identity of the claimant's employer.
Publication Date: 2024-06-21
Practice Area: Health Care Law
Industry: Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 303 C.D. 2023
Department of Human Services' calculation of rate reimbursement by inflating costs from the end point of the cost report year to the mid-point of the rate year was a reasonable interpretation of ambiguous regulations and was thus entitled to administrative agency deference. Order of DHS, Bureau of Hearings and Appeals affirmed.
Publication Date: 2024-06-21
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 1091 C.D. 2023
Land development application deemed approved where township's denial notice failed to cite specific defects in application or incorporate documents relied upon to support the denial. Order of the trial court affirmed.
Publication Date: 2024-06-21
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 828, 829, 830 C.D. 2022
Zoning board erred in denying applicant's requested multi-family use variances for buildings in a single-family residential district that had been used as multi-family dwellings for more than 50 years and court found board's findings and conclusions were not supported by substantial evidence and it abused its discretion in denying the variances. Reversed.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2024-06-07
Practice Area: Health Care Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 111 C.D. 2023
Petitioner sought review of a final order affirming respondent's decision adopting an administrative law judge's adjudication that denied petitioner's request for an exception to the cap on in-home care hours he could receive from his family. The court affirmed, holding that petitioner failed to demonstrate a burden on his free exercise of religion where he could continue to receive available home care and companion services despite the fact that his mother and sister would no longer be paid for providing more than 60 hours of care pe
Publication Date: 2024-05-31
Practice Area: Education Law
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 409 M.D. 2023
Department of Education improperly promulgated new age-out rules under the Individuals with Disabilities Education Act by failing to follow mandatory rulemaking procedures as the rules had the force of law and materially affected school districts' budgeting. Petitioners' application granted, respondents' cross-application denied.
Publication Date: 2024-05-31
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 1231 C.D. 2022
Notice of violations of speeding statute pursuant to automated speeding enforcement systems was not unconstitutional where the speeding fine was a civil penalty and violators were afforded notice and opportunity to contest the alleged violation. Order of the trial court affirmed.
Publication Date: 2024-05-17
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 135 C.D. 2020
Trial court erred in denying nunc pro tunc relief to appellants in their challenge to their 2019 property assessment because Board of Revision of Taxes was negligent in not mailing appellants notice of the reassessment and appellants filed an appeal with BRT as soon as they received their 2019 tax bill, which was the first time they received notice that their property had been reassessed. Reversed.
Publication Date: 2024-05-17
Practice Area: Transportation
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 489 C.D. 2023
Petitioner sought review of respondent's decision requiring petitioner to remove three abandoned railroad bridges over township roads. The court affirmed, concluding that substantial evidence supported respondent's decision where the bridges presented hazards of falling concrete, offered no benefit to the public, and created roadway hazards due to their narrow design.
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