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Publication Date: 2023-07-17
Practice Area: Civil Rights
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 169 C.D. 2022
Successor trial judge erred in granting defendants JNOV based on purported inconsistent jury verdict where judge did not observe the trial and usurped the jury's role as factfinder by making inferences against plaintiffs despite the jury's verdict in their favor. Order of the trial court reversed.
Publication Date: 2023-06-19
Practice Area: Tax
Industry: Entertainment and Leisure | Hospitality and Lodging
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 942 C.D. 2021
Convention authority lacked standing to join taxpayer's appeal challenging the imposition of hotel room taxes on complimentary rooms, as authority's right and interest to tax revenues was not essential to the merits of the case. County's motion to quash appeal denied, order of the trial court reversed, case remanded.
Publication Date: 2023-04-10
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 1426 C.D. 2021
Condemnees argued trial court erred in dismissing their objections to declarations of taking and court found its consideration of the appeal was impeded by the lack of specific findings of fact in the record and the matter had to be remanded to address issues as to how authority actually planned to use the properties and to whom the primary benefits would accrue. Vacated and remanded.
Publication Date: 2023-03-27
Practice Area: Administrative Law
Industry: Entertainment and Leisure | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 249 M.D. 2021
Respondents filed preliminary objections to petitioner's petition seeking declaratory and injunctive relief regarding an application for a category 4 slot machine license and court found a material factual dispute existed as to ownership of LLC applying for the license and petitioner was questioning whether the board had the authority to consider the application. Preliminary objections overruled.
Publication Date: 2023-03-20
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 218 M.D. 2022
Sovereign immunity barred mandamus relief requiring state agency to take affirmative, corrective action, regarding the agency's operation and such relief was unavailable where the underlying statute was not precise as to the nature of the alleged ministerial duty to be performed. Petitioners' preliminary objection overruled, respondent's preliminary objections granted in part, case dismissed.
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Publication Date: 2023-02-27
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1221 C.D. 2020
Trial court erred in directing judgment in favor of authority for delinquent sewer and water fees because authority did not formally file its lien prior to the sheriff's sale and appellant, who bought the property at the sheriff's sale without notice of the delinquent fees, was a bona fide purchaser without notice of the lien and §3(a)(1) of the Municipal Claims and Tax Liens Act did not state or even suggest that a municipal lien would survive such a sale. Reversed.
Publication Date: 2023-02-20
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 902 C.D. 2021
City appealed trial court's finding that it effectuated a de facto taking after landslide on city property left landowners' property condemned as unsafe and court found city had the police power to determine whether landowners' structure was structurally sound and to require studies of the structural safety of the foundation as part of the permitting process, city did not exercise the power of eminent domain and landowners failed to establish a de facto taking. Reversed.
Publication Date: 2023-02-13
Practice Area: Health Care Law
Industry: Health Care | Insurance | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 420 C.D. 2022
Fee review officer erred in ordering petitioner to reimburse insurer where insurer overpaid for a procedure because hearing office lacked the statutory authority to impose the remedy of reimbursement. Reversed.
Publication Date: 2023-01-09
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1251 C.D. 2021
Timely submission of CBA proposal and finalizing of agreement mooted union's challenge to city's adoption of ordinance requiring public hearing for city's contract proposal, since there was no longer an active controversy and the dispute was not certainly capable of repetition yet evading review. Order of the trial court reversed.
Publication Date: 2022-09-05
Practice Area: Tax
Industry: Non-Profit | Real Estate
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0991
The trial court did not err in finding that applicant's preservation of a historic resource constituted an advancement of a charitable purpose and that applicant had otherwise satisfied the requirements for a purely public charity in Hospital Utilization Project v. Commonwealth and the Institutions of Purely Public Charity Act. The appellate court affirmed in part and reversed in part.
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