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  • 2800 N. Broad St., LLC v. Commonwealth Dep't of Transp.

    Publication Date: 2021-07-19
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0828

    Condemnee mistakenly argued that a partial de jure condemnation of its property effected a de facto taking of the entirety of its property interest such that the remainder had no economic value since the de jure partial taking already contemplated damages to the remainder of the property. The commonwealth court reversed and remanded.

  • Sincavage v. Unemployment Comp. Review Bd.

    Publication Date: 2021-06-07
    Practice Area: Employment Litigation
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0632

    Unemployment compensation review board properly found claimant was not entitled to benefits because she voluntarily quit her job when she retired and properly found a non-fault overpayment because her disqualification for part of a week resulted in loss of benefits for the entire calendar week. Affirmed.

  • Woodward Twp. Mun. Corp. v. Dunstable Twp. Mun. Corp.

    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.

  • Cease v. Housing Auth. of Indiana County

    Publication Date: 2021-03-01
    Practice Area: Administrative Law
    Industry: Hospitality and Lodging | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Zelno v. Lyons

    Publication Date: 2021-02-08
    Practice Area: Tax
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • In re: Appeal of City of Philadelphia

    Publication Date: 2020-12-07
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    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.

  • In re Appeal of Ridge Park Civic Ass'n

    Publication Date: 2020-10-12
    Practice Area: Land Use and Planning
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Payne v. Dep't of Health

    Publication Date: 2020-09-28
    Practice Area: Public Records
    Industry: Agriculture | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Washington Health Sys. v. Unemployment Comp. Bd. of Review

    Publication Date: 2020-05-25
    Practice Area: Employment Litigation
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Geerling Florist, Inc. v. Bd. of Supervisors of Warrington Twp.

    Publication Date: 2020-02-24
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    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.