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Publication Date: 2023-12-11
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 528 C.D. 2021
Trial court erred in ruling that homeowners association lacked standing to appeal approval of conditional use application for adjacent development where association members appeared at the public hearing and voiced objections and the township lacked a formal process for hearing attendees to declare party status. Order of the trial court reversed and remanded.
Publication Date: 2023-10-09
Practice Area: Public Utilities
Industry: State and Local Government | Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 521 C.D. 2021
Pennsylvania Public Utility Commission properly found plaintiff had been charged unlawfully high utility pole attachment rates and ordered a refund because PUC applied the incremental cost formula for pole attachment rates as set forth in the regulations, FCC precedent was not binding and the formula used produced an exact amount to be paid. Affirmed.
Publication Date: 2023-10-02
Practice Area: Employment Litigation
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 339 M.D. 2022
Petitioners asserted the 2017 amendment to the state employees retirement code was unconstitutional under art. V, §§1 and 16(a) of the Pennsylvania constitution and court found it was impossible to calculate an annuity of a defined-contribution retirement plan because it depended on individual choices and future market performance, the amendment did not violate art. V, §16(a) because the changes applied generally to all salaried officers of the commonwealth and petitioners did not demonstrate the 2017 plan was unconstitutional either
Publication Date: 2023-08-21
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 1303 C.D. 2021
Board did not err in determining appellant's services officiating at weddings and using her property for the ceremony and accompanying festivities were "personal services" not permitted in the zoning district, board's description of appellant's use as a "wedding venue" was appropriate and ordinance and its enforcement did not place a substantial burden on her individual exercise of religion. Affirmed.
Publication Date: 2023-08-21
Practice Area: Employment Litigation
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 1233 C.D. 2021
Claimant appealed workers' compensation judge's findings in his workman's compensation claim and court found WCJ did not err in concluding that "left rotator cuff pathology" was not a well-pled allegation and that claimant had fully recovered from all work injuries. Affirmed.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2023-07-31
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 1376 C.D. 2022
Trial court did not err in dismissing appellants' petition to initiate annexation under the 1903 annexation law because the specific repeal of the 1903 annexation law within act 42 of 2022 became effective before appellants filed their annexation petition. Affirmed.
Publication Date: 2023-07-31
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 342 C.D. 2022
A physician petitioned for review of an order of the State Board of Medicine that denied reinstatement of his medical license. The court affirmed board's denial of reinstatement, in which board refused to retroactively apply Act 53 to petitioner's suspension, which was imposed before Act 53's effective date.
Publication Date: 2023-07-31
Practice Area: Personal Injury
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 626 C.D. 2022
Trial court did not err in its jury instructions on malicious prosecution and willful misconduct in plaintiff's false arrest and malicious prosecution action because the plain language of the Tort Claims Act and case law did not support his contentions as to willful misconduct and he failed to present facts that would distinguish his case from the prevailing standard as to malicious prosecution. Affirmed.
Publication Date: 2023-05-22
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 1151 C.D. 2021
Parolee contested the recommitment term for his original sentence after he was sentenced on new charges, his parole was revoked and he was recommitted as a convicted parole violator and court found board was well within its discretion when it denied credit for parolee's time spent at liberty, his pre-sentence detention applied to his new charges and service of the remainder of parolee's original sentence began on the date of his recommitment. Affirmed.
Publication Date: 2023-05-15
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 289 C.D. 2021
Workers' compensation appeal board properly reversed workers' compensation judge's denial of claimant's petition to reinstate his disability benefits because employer failed to carry its burden to prove claimant's retirement was voluntary where claimant retired after his physician deemed him unable to return to unrestricted firefighting duties due to his work injury. Affirmed.
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