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Publication Date: 2019-08-19
Practice Area: Government
Industry: Construction | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0975
State could not impose state elevator construction codes on facilities of a multi-state entity created under the Compact Clause of the federal constitution. Plaintiff's motion for preliminary injunction granted.
Publication Date: 2019-08-05
Practice Area: Government
Industry:
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0908
Supervising judge of statewide investigating grand jury had authority to issue search warrants in any judicial district relating to an investigation of the grand jury, and any motion for return of property seized pursuant to those warrants had to be presented to the supervising judge. Order of the trial court vacated.
Publication Date: 2019-07-29
Practice Area: Government
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0826
Plaintiff was not required to demonstrate that the district attorney refused his request to file a quo warranto action challenging the appointment of the chief of police since plaintiff arguably had a special interest in the challenged public office by virtue of his claim to the position if his quo warranto action was successful. The court denied defendants' preliminary objections.
Publication Date: 2019-07-29
Practice Area: Government
Industry: Real Estate
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Reichley
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0833
The owner of a commercial building failed to establish a prima facie case that actions by city officials amounted to a de facto taking of property. The court granted summary judgment in favor of the city.
Publication Date: 2019-07-22
Practice Area: Government
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0797
Plaintiff's claims under the Pennsylvania's Sunshine Act, or Open Meeting Law, against the South Williamsport Fire Department did not survive the preliminary objection stage since the act's statutory limitation is a nonwaivable provision that defendant could rely on their preliminary objections. The court sustained defendant's preliminary objection in part.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2019-07-01
Practice Area: Government
Industry: Education
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0734
Plaintiff, a private citizen, lacked standing to bring a quo warranto action challenging the appointment of a member of the school board of directors where he did not seek to have either the attorney general or local district attorney file such an action or demonstrate that it would be futile to ask these officials to do so. The court denied plaintiff's petition for injunctive relief.
Publication Date: 2019-06-17
Practice Area: Government
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0667
The court dismissed a challenge to an ordinance because the petitioner was not directly affected by the ordinance and thus lacked standing.
Publication Date: 2019-06-17
Practice Area: Government | Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0705
Trial court properly concluded that township established the existence of a public road by prescriptive easement where township presented evidence that it had maintained, and the public had used, a connector road over private property for at least the prescriptive period of 21 years. Judgment affirmed.
Publication Date: 2019-06-17
Practice Area: Government
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Donahue
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0692
The lower court erred in granting defendant state trooper judgment notwithstanding the verdict in favor of plaintiff as there was sufficient competent evidence upon which the jury could have found that defendant acted outside the scope of his employment during his encounter with the plaintiff motorist, who alleged she was assaulted and battered. The high court reversed and remanded.
Publication Date: 2019-05-27
Practice Area: Government
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0617
Trial court did not err in awarding costs to township and sheriff for the removal of a gun collection from a house that was a public nuisance and did not err in ordering the proceeds from the sale of the collection be used to pay such costs. Affirmed.
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