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Publication Date: 2024-11-08
Practice Area: Health Care Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1232 C.D. 2023
The court reversed respondent's suspension of petitioner's license as an emergency medical services provider finding respondent failed to prove that petitioner operated an emergency vehicle in a reckless manner.
Publication Date: 2024-10-25
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 900 C.D. 2023
The court affirmed the determination of the Unemployment Compensation Board of Review denying claimant's application for unemployment benefits because she voluntarily terminated her employment without a necessitous and compelling cause.
Publication Date: 2024-09-27
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
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for defendant:
Case Number: 1124 C.D. 2023
Time that a parolee was not in custody or accessible to the parole board was excludable from the 120-day deadline for holding a revocation hearing. Adjudication of the parole board affirmed.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
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for defendant:
Case Number: 1498 C.D. 2022
Trial court erred in granting civil forfeiture of defendant's vehicle where Commonwealth presented no evidence that defendant regularly used the vehicle as part of his drug transactions to support finding that the vehicle was an instrumentality of defendant's criminal activity. Order of the trial court reversed.
Publication Date: 2024-09-06
Practice Area: Land Use and Planning
Industry: Hospitality and Lodging | Real Estate
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 70 & 71 C.D. 2023
Plaintiff property owners appealed the trial court's order denying their request for injunctive and declaratory relief in their action challenging their homeowners' association's restrictions on short-term rentals. The court affirmed in part, reversed in part, and remanded with directions for entry of a declaratory judgment in favor of plaintiffs that the association's bylaw amendment restricting short-term rentals was void and unenforceable.
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Publication Date: 2024-08-09
Practice Area: Criminal Law
Industry: Entertainment and Leisure
Court: Commonwealth Court
Judge: Judge Leavitt
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for defendant:
Case Number: 413 C.D. 2021
Trial court erred in convicting hunting guide for unlawful taking of game/wildlife and use of unlawful devices/methods where the record demonstrated that defendant happened to encounter game while lawfully traveling along a public road and passed on the location of that game to hunters he had a chance encounter with. Order of the trial court reversed.
Publication Date: 2024-07-12
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Leavitt
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for defendant:
Case Number: 290 C.D. 2023
Mortgagee was not entitled to mailed notice of pre-tax sale proceedings where they did not qualify as an "owner" under the Tax Sale Law. Order of the trial court affirmed.
Publication Date: 2024-07-05
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 581 C.D. 2021
Property owners were not entitled to board of viewers where replacement of highway interchange constituted a "reconstruction" permitted under the existing permanent easement and there was no evidence of impairment of use or value of the property. Order of the trial court affirmed.
Publication Date: 2024-06-21
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1034 C.D. 2022
Appellant property owner appealed the trial court's order granting objectors' land use appeal. The court reversed, holding that owner's parcel was subject to a special city zoning code provision governing corner lots, which ultimately meant the property had no front yard setback requirements in light of the zoning district where it was situated.
Publication Date: 2024-05-17
Practice Area: Criminal Law
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 415 C.D. 2021
Appellant appealed the trial court's orders convicting him of two summary offenses under the Game and Wildlife Code. The court reversed in part, affirmed in part, and remanded to the trial court for resentencing. The court held that appellant's charge under Game Code section 2307(a) should have been dismissed where the citation failed to set out the specifics of the alleged violation. Appellant was properly convicted under section 2504(a), however, where he shot an elk within ten feet of a roadway.
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