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The court in a § 1925(a) opinion, urged affirmance of its opinion and order filed December 18, 2023, after a non-jury trial on an amended complaint seeking a judgment for possession of the premises owned by appellees upon failure of defendant to pay rent.
Defendant moved for summary judgment in plaintiff's Fair Debt Collection Practices Act and Pennsylvania Fair Credit Extension Uniformity Act action over debt collection letters and court granted summary judgment to defendant on all claims except plaintiff's §1692e(2)(A) claims. Motion granted in part and denied in part.
Zoning Hearing Board erred in sustaining a notice of violation based on completely different factual bases than asserted in the notice of violation. Order of the trial court reversed.
Publication Date: 2024-04-19 Practice Area:Tax Industry: Court:Commonwealth Court Judge:Judge Cannon Attorneys:For plaintiff: for defendant: Case Number: 409 C.D. 2022
Trial court erroneously dismissed appellant property owners' tax appeal where assessor office's unilateral revision to the property's square footage constituted a new issue that meant the owners' prior assessment appeal did not collaterally estop them from challenging the new square footage determination. Order of the trial court reversed and remanded.
Common pleas court erred in affirming Zoning Hearing Board's denial of appellant's appeal and application for a conditional use permit because appellant filed its application just before ordinance stating warehousing was not a permitted use came into effect and the pending ordinance doctrine was inapplicable. Vacated and remanded.
Appellant challenged the court's order denying and dismissing its appeal of a decision of a township's zoning hearing board. The court requested that the appeal be denied where record evidence supported Board's conclusion that advertising was the primary purpose of a trailer situated upon appellant's commercial property in violation of township's "prohibited signs" ordinance.
District court properly denied habeas in defendant's challenge to trial judge's statement about changes to the law of parole at his sentencing hearing and court found appellant would not have been eligible for parole and trial judge instructed jury that he was not eligible for parole, which was sufficient. Motion denied.
The court overruled defendant's preliminary objections in the nature of demurrers to plaintiffs' complaint for injuries sustained by plaintiffs' minor child while in the custody of UMC's child-care program and ordered defendant to file an answer.
Claimant petitioned for review of a decision of Workers' Compensation Appeals Board which affirmed workers' compensation judge's order after Board remand. The court reversed Board and reinstated WCJ's order awarding claimant recovery of attorneys' fees.