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  • Stedman v. Lancaster County Bd. of Comm'rs

    Publication Date: 2019-12-09
    Practice Area: Government
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1425

    County commissioners filed preliminary objections to county district attorney's petition for review in dispute over who was to audit DA's use of funds forfeited under the forfeiture act and court found attorney general was not an indispensable party, the issues involved local political feuding among county government officials and court lacked original subject matter jurisdiction. Preliminary objections sustained.

  • POM of Pennsylvania, LLC v. Dep't of Revenue

    Publication Date: 2019-12-09
    Practice Area: Tax
    Industry: Entertainment and Leisure | Software | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1422

    Department moved for summary relief in its counterclaim asserting plaintiff's game was a slot machine under §1103 of the race horse development and gaming act and had not been inspected or certified by the gaming control board and court found plaintiff's game was not subject to the gaming act because the act did not regulate unlicensed slot machines that fell outside the ambit of the licensed facilities delineated by the act. Application denied.

  • Hydrojet Serv., Inc. v. Reading Area Water Auth.

    Publication Date: 2019-11-25
    Practice Area: Contracts
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1378

    The trial court did not err in relying on an oral settlement agreement between the parties to grant petitioner injunctive relief where all the necessary prerequisites for a valid contract, i.e., offer, acceptance and consideration, were established. The appellate court affirmed an order granting petitioner injunctive relief.

  • Victory Bank v. Commonwealth

    Publication Date: 2019-10-28
    Practice Area: Tax
    Industry: Financial Services and Banking | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1270

    Board of Finance and Revenue correctly denied a sales tax refund where bank's purchase of computer hardware and security software was a "sale at retail" and where the Financial Institution Security Equipment regulation obligating a vendor to pay tax had been overruled by amendments to the tax code under which the regulations was promulgated. Plaintiff's exceptions overruled.

  • Yannone v. Town of Bloomsburg

    Publication Date: 2019-10-14
    Practice Area: Government
    Industry: Food and Beverage | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1215

    Trial court did not abuse its discretion or commit an error of law in affirming the board and ordering landowner to bear the cost of planting a new tree after he received a permit to remove an existing tree because the ordinance required a new tree be planted and the cost imposed on the abutting real estate owner and landowner failed to provide evidence that new tree would harm his business. Affirmed.

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  • Passarella v. Bd. of Probation & Parole

    Publication Date: 2019-09-16
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1089

    Board erred in revoking 102 days of street time credit previously awarded to petitioner as a technical parole violator when recommitting him as a convicted parole violator because that was contrary to the holding in Penjuke v. Bd. of Probation and Parole, 203 A.3d 401. Reversed in part.

  • California Area School Dist. v. California Area Ed. Assoc. PSEA/NEA

    Publication Date: 2019-07-22
    Practice Area: Labor Law
    Industry: Education | Recruitment and Staffing
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0838

    The California Area Education Association, PSEA/NEA is the exclusive representative of a collective bargaining unit of professional employees of the California Area School District. Before the start of the 2016/17 school year, the district decided to eliminate two specialist positions, including a full-time high school librarian and a half-time elementary school art teacher. The union filed a grievance alleging that the elimination of the two specialist positions violated article IX of the applicable collective bargaining agreement, e

  • Givelify, LLC v. Dept. of Banking & Securities

    Publication Date: 2019-06-24
    Practice Area: Banking and Finance Laws
    Industry: E-Commerce | Non-Profit
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0716

    The Pennsylvania Department of Banking and Securities Commission erred in concluding that petitioner, an on-line mobile "giving app," engaged in the business of "transmitting money" without the proper license in violation of the Pennsylvania Money Transmitter Act, as petitioner was not "transmitting money." The commonwealth court reversed.

  • Villager Realty of Bloomsburg v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-06-24
    Practice Area: Employment Litigation
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0730

    Board correctly held that claimant was not self-employed pursuant to §402(h) because the real estate act prohibited her from working for any real estate broker other than petitioner and she was eligible for benefits, but board erred to the extent it suggested she was an employee of petitioner because that issue was not before it. Affirmed.

  • Rahman v. Foster Twp.

    Publication Date: 2019-06-24
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0713

    The trial court erred in not reinstating plaintiff's appeal as defendants were precluded from seeking relief under Rule 1006 of the Pennsylvania Magisterial District Judge Rules for failure to file a timely complaint after plaintiff had already filed her complaint. The appellate court reversed.