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Defendant moved to dismiss plaintiff's putative class action contract-based claims over a trash and recycling pick up contract and court found outstanding discovery over the nature and terms of the contractual relationship provided sufficient basis to deny summary judgment. Motion denied.
Local residents appealed the Commonwealth Court's decision holding that a zoning hearing board erred as a matter of law by concluding that plaintiff property owner's proposed development was not a use permitted by right in a particular zoning district of defendant borough. The court affirmed, holding that under defendant's zoning ordinance and the Municipalities Planning Code, defendant's zoning officer had authority to issue a zoning "use" permit that simply recognized that an applicant's proposed use was allowed by right in a partic
Unsuccessful category 4 slot machine license bidder challenged board's grant of the license and court found 4 Pa.C.S. §1305.2(c) was a jurisdictional provision, satisfaction of which had to be met before board could consider an application submitted by the auction winner but that section only defined board's conduct in connection with Category 4 slot machine license auctions, not its competency to preside over auction, application and licensing proceedings. Affirmed.
Trial court erred in denying prejudgment interest in conversion claim where bank accepted two-party check that contained a forged signature of one of the parties, which was ineffective to negotiate the check, and where interest could be reasonably calculated. Order of the trial court reversed, case remanded.
Plaintiff appealed from the trial court's order mandating that he execute settlement documents pursuant to a settlement agreement with defendant. The court concluded that the appeal should be dismissed for plaintiff's failure to file a statement of errors complained of on appeal pursuant to Pennsylvania Rule of Appellate Procedure 1925(b).
Petitioner sought review of an order of Pennsylvania's Secretary of Education which affirmed a decision of respondent School District of Philadelphia's Board of Education that dismissed petitioner from his employment as a tenured teacher. The court reversed, reinstated petitioner, and remanded for a determination of damages. The court held that Board violated petitioner's rights to a hearing under the School Code's procedures for the termination of tenured professional employees when Board's hearing officer conducted petitioner's term
Nonprofit environmental corporations appealed the Commonwealth Court's denial of their petitions to intervene in litigation involving the Pennsylvania Department of Environmental Protection's rulemaking regulation intended to effectuate the Commonwealth's membership in the Regional Greenhouse Gas Initiative. The court reversed the denial of intervention, holding that the nonprofits had legally enforceable interests that entitled them to intervention in light of evidence demonstrating the effects of carbon dioxide emissions and the imp
Publication Date: 2024-08-02 Practice Area:Tax Industry: Court:Commonwealth Court Judge:Judge Covey Attorneys:For plaintiff: for defendant: Case Number: 382 C.D. 2023
Trial court erred in denying petition to set aside upset tax sale based on alleged defects in posted notice where county revenue department's director was not qualified to testify as to how third-party company created and maintained its record of posting notice on the property. Order of the trial court reversed.
In this § 1925(a) opinion, the court defended its order granting a compulsory nonsuit to appellees in a personal injury case arising from a claimed injury to appellant, a delivery driver, that he said happened when a metal shutter door suddenly came down on top of his head while he was making a delivery to appellees' location.