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Publication Date: 2021-05-31
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0602
Trial court properly found boundary line between two townships and properly adopted recommendation of the appointed board of boundary commissioners because court could not set aside one set of assumptions supported by record evidence and commissioners' view of the land involved and alleged monument on site in favor of another set and commissioners found resort to evidence of acquiescence was unnecessary given their finding that the Woodward surveyors' line was the true boundary line between the townships. Affirmed.
Publication Date: 2021-03-01
Practice Area: Administrative Law
Industry: Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 21-0213
The commonwealth court instructed a county housing authority to fulfill its mandate under the Quality Housing and Work Responsibility Act to establish fair and reasonable standards for determining in what circumstances admission to Section 8 housing is prohibited for an applicant legally using medical marijuana under state law and to apply such standards to the plaintiff. The commonwealth court affirmed in part and remanded.
Publication Date: 2021-02-08
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 21-0134
Court of common pleas properly denied appellant property owner's challenge to an otherwise valid tax sale of the property on the grounds of lack of notice of the tax claim because appellant conflated the procedures under the Real Estate Tax Sale Law for challenging tax claims with those governing tax sales and she had actual notice of the impending tax sale and failed to take any action. Affirmed.
Publication Date: 2020-12-07
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 20-1331
Trial court erred in quashing city's appeal of zoning board decision granting a variance and finding city lacked standing because equitable owner sought a variance that city viewed to be contrary to the spirit or goals set forth in city's comprehensive plan and city had the required "substantial, direct and immediate" interest necessary to be an aggrieved party. Reversed.
Publication Date: 2020-10-12
Practice Area: Land Use and Planning
Industry:
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 20-1115
Trial court erred in holding that the minimum variance criterion was inapplicable to use variances in objectors' challenge to grant of applicants' use and dimensional variances and court remanded for trial court to make the appropriate findings as to the quantitative aspects of the minimum variances necessary for this to be a viable project. Vacated and remanded.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2020-09-28
Practice Area: Public Records
Industry: Agriculture | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 20-1065
Office of Open Records erred in finding that the requested records were protected by the predecisional deliberation exemption because the requested documents reflecting the scores given to parts of the medical marijuana grower-processor permit application were neither confidential nor deliberative and did not constitute information protected by the temporary regulations at 28 Pa. Code §1141.22(b)(11). Reversed.
Publication Date: 2020-05-25
Practice Area: Employment Litigation
Industry: Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 20-0531
Board properly held that employer failed to meet its burden of proof where claimant was fired for a positive drug test after telling employer she used over-the-counter CBD oil to manage her cancer-related symptoms because employer did not submit the results of the drug test as evidence and claimant's admission that she "failed" the drug test was hearsay based on what someone had told her. Affirmed.
Publication Date: 2020-02-24
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 20-0194
Township zoning board did not abuse its discretion in declining to use cluster development numbers as a baseline for calculating transferable development rights when the landowner's property would not have qualified for cluster development. Order of the trial court reversed.
Publication Date: 2019-12-23
Practice Area: Government
Industry: Education | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1477
Addressing an issue of first impression, the commonwealth court concluded that the Public School Code of 1949 applied to the disposal by sale of property donated to the Horsham Township School District and that the trial court erred in requiring any sale of the property to comply with the Donated or Dedicated Property Act. The appellate court reversed.
Publication Date: 2019-12-23
Practice Area: Labor Law
Industry: Health Care | Insurance
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 19-1487
Pharmacy's fee review properly denied where it attacked the underlying conclusions of a utilization review, which were beyond the scope of review of the fee review hearing office. Order of the Bureau of Workers' Compensation Fee Review Hearing Office affirmed.
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