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Publication Date: 2020-08-31
Practice Area: Real Estate
Industry: Construction | Real Estate
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0942
Adoption of amendment to bylaws by property owners' association via email thread not valid where bylaws expressly only permitted electronic meetings via "conference telephone" or similar technology. Order of the trial court affirmed.
Publication Date: 2020-07-27
Practice Area: Tax
Industry: Construction
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 20-0795
Taxpayer construction company appealed the assessment of use tax on signal poles, light poles, camera poles and pedestal bases used on its contracts with commonwealth and court found the traffic signal related purchases were "building machinery and equipment" and exempt from the use tax. Affirmed in part and denied in part.
Publication Date: 2020-06-22
Practice Area: Public Records
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 20-0641
The Office of Open Records correctly determined that regular agency inspection reports did not qualify as noncriminal investigation records and were therefore subject to disclosure under the Right-to-Know Law. Order of the Office of Open Records affirmed.
Publication Date: 2020-06-15
Practice Area: Public Utilities
Industry: Energy
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 20-0616
Substantial evidence supported commission's opinion and order in its ruling on company's tariff increase because commission properly interpreted 66 Pa.C.S. §§332(a) and 315(a), weighed the evidence presented,ruling was not inconsistent with the electricity generation customer choice and competition act and did not rebundle distribution and generation rates. Affirmed.
Publication Date: 2020-05-25
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 20-0532
Petitioner challenged subchapter I of act 29 as applied to him and court found the subchapter was punitive as applied to petitioner who committed his offense before there were any registration or notification requirements and violated the ex post facto clause. Application granted in part
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2020-01-27
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 20-0075
Public utility commission did not abuse discretion to approve general rate increase where utility allowed to include capital projects that would come online at any point in projected year in calculating rate base and where utility's proposed infrastructure improvement expenditures were sufficient to demonstrate proper use of Act 40 savings. Order of the Public Utility Commission affirmed.
Publication Date: 2020-01-13
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 20-0003
Appellees met their prima facie burden to demonstrate an inability to prepay a civil penalty before proceeding with an appeal from a health department violation where they offered unrebutted proof that they would be unable to convert certain assets in the timeframe required. The appellate court affirmed.
Publication Date: 2020-01-06
Practice Area: Administrative Law
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 19-1510
The appellate court rejected claimant's argument that his employer bore the burden of demonstrating that all his injuries, accepted and alleged, were not work-related or that there was an independent cause for such injuries given precedent narrowing the holding in Gumro v. Workmen's Comp. Appeal Bd. The appellate court affirmed.
Publication Date: 2020-01-06
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1517
Hearing officer erred in denying petitioner's application for a nunc pro tunc hearing and granting department's motion to quash because department denied petitioner his opportunity to be heard in the first instance and abused its discretion in applying nunc pro tunc appeal standards to deny petitioner's untimely request for an initial hearing. Vacated.
Publication Date: 2019-11-18
Practice Area: Civil Rights
Industry: Education
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1365
Commission erred in determining that petitioner was a public accommodation without holding an evidentiary hearing because the question of whether an entity was a public accommodation was determined by the specific factual situation of each case and motions examiner erred in relying on the argument that "any and all schools" were covered under 43 P.S.§954(l). Vacated.
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