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The trial court granted plaintiff's motion for a preliminary injunction to prevent defendant from operating a short-term rental facility at the Colonial Flowline Building in New Castle in violation of the applicable authorized use restrictions in Zoning District I-1.
The court submitted a §1925(a) opinion urging the appellate court to affirm the jury's verdict in favor of the victim of a slip and fall at a SEPTA station.
Publication Date: 2024-03-22 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Kunselman Attorneys:For plaintiff: for defendant: Case Number: 538 MDA 2023
Possession of a firearm and a substance appearing to be marijuana in a vehicle supported reasonable suspicion for an investigative detention to determine the vehicle occupant's license status, particularly where the marijuana was not in its original packaging and medical marijuana card holders could not carry concealed firearms. Judgment of sentence affirmed.
Second Amendment rights did not encompass the right to be able to commercially distribute or sell firearms, such that zoning ordinance limiting district where gun shops were a permissible use did not run afoul of the second amendment. Order of the trial court affirmed in part and vacated and remanded in part.
City appealed trial court's preliminary findings in city's action for a trial de novo in a condemnation action and court quashed the appeal because trial court's order was not a decree confirming, modifying, or changing the board's report and numerous issues of fact and mixed fact and law remained. Appeal quashed.
Publication Date: 2024-03-22 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 2200 EDA 2022
Juvenile appellant challenged a dispositional order after juvenile court accepted appellant's admissions but rejected the agreed-upon disposition and court found juvenile court violated Pa.R.J.C.P. 407(A)(3) by accepting part of the tender, the admission, and basing its adjudication of delinquency solely on appellant's admission, without allowing appellant to withdraw the admission and/or without accepting additional evidence from either party. Vacated and reversed.
The court filed its §1925(a) opinion urging the Superior Court to affirm its order denying defendant ADT's motion to reopen the default judgment entered against it after plaintiff Onekey Homes sued ADT for failure to properly complete work as contractor at nine of Onekey's development projects.
Defendant appealed a judgment entered upon a jury's personal injury verdict in favor of an injured worker. The court concluded that its judgment should affirmed where defendant, which subcontracted plaintiff's employer for construction work along transit authority train tracks, was not a statutory employer entitled to employer immunity under the Pennsylvania Workers' Compensation Act.
Publication Date: 2024-03-22 Practice Area:Government Industry: Court:Commonwealth Court Judge:Judge Wojcik Attorneys:For plaintiff: for defendant: Case Number: 1272 C.D. 2021
The City of Philadelphia appealed an interlocutory order overruling its preliminary objections to a prisoner complaint against the City and employees of the Philadelphia Department of Prisons. Appeal granted.