• M.W. v. Dep't of Human Serv.

    Publication Date: 2019-09-09
    Practice Area: Administrative Law | Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1064

    Bureau misapplied the law and entered a manifestly unreasonable order in denying mother's continuance request, in her appeal of an indicated report of child abuse, for the sole reason that she did not file a waiver of timeliness because 23 Pa.C.S. §6341(c.2) did not mandate the filing of a waiver of timeliness. Reversed.

  • Kenney v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-08-19
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0976

    Workers' compensation appeal board erred in holding that a worker's compensation trust group self-insurance fund was entitled to subrogation for payments made to police officer claimant and court reversed board's order insofar as it reversed the WCJ's decision that denied employer's petition to review compensation benefits requesting a determination regrading subrogation rights. Reversed in part and affirmed in part.

  • Workers First Pharmacy Serv. LLC v. Bureau of Workers' Comp. Fee Review Hearing Office

    Publication Date: 2019-08-19
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0982

    Hearing officer erred in holding that office lacked jurisdiction over pharmacy fee review contests because even though employer denied liability for the injury and had not been adjudicated liable for the injury, employer accepted responsibility for pharmacy's invoices in the compromise and release agreement resolving the dispute between claimant and employer. Vacated and remanded.

  • Sowich v. Zoning Hearing Bd. of Brown Twp.

    Publication Date: 2019-08-12
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0950

    Trial court erred in affirming zoning board's decision that landowner abandoned its stone grinding use because it made no findings of fact as to whether the use existed before the 2011 zoning ordinance amendment and erred in holding that landowner's storage of 400 concrete barriers was not authorized by the natural expansion doctrine. Affirmed in part, reversed in part and remanded.

  • Erie-W. Pennsylvania Port Auth. v. Erie County Bd. of Assessment Appeals

    Publication Date: 2019-07-29
    Practice Area: Tax
    Industry: Non-Profit | Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0876

    Board of assessment did not err in its valuation of private marina owned by non-profit corporation where lessee and school board's expert's valuation opinions underestimated and overestimated the value of the property, and where the board correctly excluded the floating docks as taxable realty since they could be removed without damage to the property. Order of the trial court affirmed.

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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Burkholder v. Dep't of Agriculture

    Publication Date: 2019-07-29
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0872

    The Secretary of Agriculture erred in holding that petitioner's violation of the Dog Law, wherein he exceeded the limits in his license for the number of dog transfers, automatically converted his kennel to a commercial kennel subject to a different set of regulatory standards. The appellate court reversed and remanded.

  • Waggle v. Woodland Hills Ass'n, Inc.

    Publication Date: 2019-07-22
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0853

    Trial court properly found that the settlement agreement between slip owners and community association required slip owners to share in the costs of capital improvements to common areas and for liability insurance on the boat dock and properly held owners in contempt because trial court properly interpreted and enforced the settlement agreement. Affirmed.

  • Szabo v. Dep't of Transp.

    Publication Date: 2019-07-08
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0777

    PennDOT moved to dismiss appellants' appeal of the dismissal of their de facto petition alleging a taking by PennDOT and the court found the trial court properly dismissed the action as moot since the issue, the true ownership of parcels of land, was the same as in appellants' earlier de jure petition which had been remanded for an evidentiary hearing. Motion granted.

  • Ungard v. Williamsport Bureau of Police Pension Bd.

    Publication Date: 2019-06-24
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0729

    Trial court properly reversed board and found police officer's pension was not forfeited because, while officer was convicted of tampering with public records and obstructing the administration of law, city presented no evidence to show a connection between officer's crimes and his public employment. Affirmed.

  • Estate of Guyaux v. Twp. of North Fayette

    Publication Date: 2019-05-27
    Practice Area: Government
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0617

    Trial court did not err in awarding costs to township and sheriff for the removal of a gun collection from a house that was a public nuisance and did not err in ordering the proceeds from the sale of the collection be used to pay such costs. Affirmed.