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Publication Date: 2022-07-04
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0738
Board of commissioners erred in denying landowner's conditional use and dimensional relief application for redevelopment of an historic mill site and board abused its discretion by taking legal positions barred by collateral estoppel, applying zoning code provisions that were not relevant to a conditional use application and making findings of fact not supported by substantial evidence. Reversed.
Publication Date: 2022-07-04
Practice Area: Employment Litigation
Industry: Entertainment and Leisure
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 22-0734
Board properly granted employer's petition to modify claimant's compensation benefits, denied employer's petition to suspend compensation benefits and reinstated claimant's temporary total disability benefits because board properly found claimant was unable to work in any capacity and the lack of availability of a position with employer as of Nov. 19, 2017 did not support reinstatement and at most, supported the end date of the modification of claimant's benefits. Affirmed.
Publication Date: 2022-06-06
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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for defendant:
Case Number: 22-0626
Secretary of the commonwealth's demurrer to county's challenge to her directive prohibiting the use of third-party consultants to inspect electronic voting devices overruled where the election code did not expressly grant the secretary rulemaking authority over the way counties were required to inspect their voting devices. Defendant's preliminary objection overruled.
Publication Date: 2022-04-11
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 22-0388
Petitioner alleged the registration and reporting requirements under SORNA II were punitive as applied to him in violation of the ex post facto clauses of the United States and Pennsylvania constitutions and court found the petition failed to state a claim upon which relief could be granted.
Publication Date: 2022-03-28
Practice Area: Tax
Industry: Education
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 22-0337
Trial court erred in dismissing appellant's complaint seeking a refund for real estate taxes paid after county improperly reclassified its school properties as taxable because trial court should have transferred appellant's complaint to the appeals board for a decision on whether county's assessment notices were valid, whether the properties were taxable and whether appellant was entitled to a refund. Reversed.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2022-03-21
Practice Area: Civil Rights
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 22-0308
Trial court erred in denying class certification based on numerosity after finding plaintiffs had presented no evidence that any third party had actually read confidential information on postcards sent through the mail, where the complaint had merely asserted a statutory violation for sending out postcards with visible confidential information. Order of the trial court vacated, case remanded.
Publication Date: 2022-03-21
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 22-0307
As-applied constitutional challenges to professional licensing requirement failed for lack of standing where petitioner had yet to begin engaging in commercial practice and therefore was not injured or at risk of injury from failing to comply with the licensing requirement. Respondents' preliminary objections sustained.
Publication Date: 2022-03-21
Practice Area: Administrative Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 22-0315
Trial court erred in granting enforcement of subpoenas issued to school employees at teacher's request in appeal of action naming teacher as a perpetrator of abuse of two students because, while trial court had the authority under 71 P.S. §200 to enforce the subpoenas, it should have first ruled on school employees' objections to the subpoenas under the Health Insurance Portability and Accountability Act and Family Educational Rights and Privacy Act and their motion for a protective order. Vacated.
Publication Date: 2022-03-14
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0283
Trial court erred in reversing zoning board's grant of special exceptions where zoning board had credited applicant's proposal as meeting the parking requirement of the local zoning code. Order of the trial court reversed.
Publication Date: 2022-03-14
Practice Area: Creditors' and Debtors' Rights
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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for defendant:
Case Number: 22-0279
Trial court properly dismissed owner's petition to redeem property sold at sheriff's sale for non-payment of taxes because owner failed to file the petition within the nine-month redemption period established in 53 P.S. §7293, which began to run when sheriff issued the acknowledgement of purchaser's deed even if sheriff did violate 53 P.S. §7283(b) by acknowledging the deed "sooner than thirty days" after purchaser paid for the property. Affirmed.
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