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Publication Date: 2023-01-02
Practice Area: Public Records
Industry: State and Local Government | Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 914 C.D. 2021
Trial court properly found police department did not have to produce records of department officer dismissals that were pending the grievance process to Right-to-Know Law requester because mandatory arbitration was part of police department's employment termination process and there was no final agency decision until a grievance arbitrator rendered his/her decision. Affirmed.
Publication Date: 2022-12-19
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: 920 C.D. 2021
Trial court erred in sua sponte raising the issue of the definition of "building" in township's unified development ordinance and reversing zoning board's denial of applicant's request for approval for continuance of a nonconforming usage and court found the adoption of the UDO did not render the existing mobile home use or the residence nonconforming. Reversed.
Publication Date: 2022-11-28
Practice Area: Contracts
Industry: Construction
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 1107 C.D. 2021
Trial court erred in upholding part of the jury's verdict on remand where court had ruled the entirety of the parties' contract to be unambiguous, such that the trial court misinterpreted the ruling as applying to only one section of the contract. Order of the trial court affirmed in part and reversed and remanded in part.
Publication Date: 2022-11-28
Practice Area: Real Estate
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 649 C.D. 2022
Trial court erred in sustaining property owners' preliminary objections to railroad's declaration of taking because the taking was for a public purpose, owners could not raise their claim of a de facto taking via preliminary objection, and the taking was not in bad faith but trial court properly found that security railroad offered was not adequate. Reversed and remanded.
Publication Date: 2022-11-14
Practice Area: Constitutional Law
Industry: Construction | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 479 M.D. 2021
Petitioner demonstrated that §304(a)(3) of the Pennsylvania Construction Code Act was unconstitutional as it delegated the legislature's rule-making authority over the execution of accessibility provisions to a non-governmental entity in violation of article II, §1 of the state's constitution. The district court granted petitioner declaratory judgment.
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Publication Date: 2022-11-07
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 1099 C.D. 2021
Claimant failed to prove there was an administrative breakdown that led to her late appeal from the denial of unemployment compensation benefits given a lack of evidence that she sought language assistance services or acted reasonably to learn the status of her appeal but was unsuccessful due to no fault of her own. The appellate court affirmed.
Publication Date: 2022-10-24
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 789 C.D. 2020
Union failed to meet its burden of proving township unilaterally changed a subject that was a mandatory subject of bargaining and court found board misapplied the Family and Medical Leave Act and erroneously concluded township violated its statutory duty to bargain under the Pennsylvania Labor Relations Act. Reversed.
Publication Date: 2022-10-24
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 251 M.D. 2019
Court granted petitioner municipalities' petition for summary relief as to its claim that §59.18 of the Public Utility Commission's regulations relating to the indoor placement of natural gas meters in historic districts constituted an improper delegation of PUC's authority to private parties because 52 Pa. Code §59.18 did not prescribe the manner in which a gas company had to exercise PUC-granted discretion and an appeal to the PUC under 66 Pa. C.S. §701 and 52 Pa. Code §5.21 for an impartial review of a gas company's decision would
Publication Date: 2022-10-24
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 229 M.D. 2021
Inmate could not obtain mandamus relief against DOC for time credit where sentencing order expressly awarded zero days of credit. Defendant's preliminary objections sustained, petition dismissed.
Publication Date: 2022-10-17
Practice Area: Administrative Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 14 C.D. 2021
The Unemployment Compensation Board of Review properly disregarded employer's hearsay evidence regarding claimant's alleged misconduct as the evidence was not corroborated by other competent evidence in the record. The commonwealth court affirmed an order granting claimant unemployment compensation benefits.
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