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  • M.W. v. Dep't of Human Serv.

    Publication Date: 2019-09-09
    Practice Area: Administrative Law | Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1064

    Bureau misapplied the law and entered a manifestly unreasonable order in denying mother's continuance request, in her appeal of an indicated report of child abuse, for the sole reason that she did not file a waiver of timeliness because 23 Pa.C.S. §6341(c.2) did not mandate the filing of a waiver of timeliness. Reversed.

  • Perrotta v. Commonwealth

    Publication Date: 2019-08-26
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1004

    Trial court did not err in granting licensee's appeal of the denial of his application for an ignition interlock and non-commercial learner's permit because department did not meet its burden to permanently deny licensee's operating privileges under § 1503(a)(8) but trial court erred in ordering department to grant the license because that exceeded its authority. Affirmed in part and vacated in part.

  • Yannaccone v. Lewis Twp. Bd. of Supervisors

    Publication Date: 2019-08-26
    Practice Area: Administrative Law
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1007

    Appellant appealed trial court's ruling that board substantially complied with §607(b) of the Municipalities Planning Code in enacting a zoning ordinance and court found that while it agreed with trial court's conclusion that Zoning Ordinance Committee was a valid planning committee, ZOC failed to hold at least one public meeting pursuant to public notice as required by §607(b), and trial court erred in finding that board substantially complied with §607(b) in enacting the ordinance. Reversed.

  • In the Interest of: D.R., a minor

    Publication Date: 2019-08-12
    Practice Area: Administrative Law | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0942

    Trial court violated right against unreasonable search and seizure by ordering parents to submit to home inspection by CYS when agency lacked probable cause for its request to compel the inspection, and lacked statutory authority to compel a parent to take a drug test absent a dependency adjudication. Order of the trial court vacated.

  • Thorpe v. Dep't of Transp.

    Publication Date: 2019-07-29
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0885

    Trial court correctly dismissed licensee's license suspension because the only evidence submitted by DOT to establish its prima facie case supporting the suspension was a defective form DL-21C in which the "Date of Disposition" block was not completed as required by DOT's regulations. Affirmed.

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    California Premises Liability Law

    Authors: Jayme C. Long

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  • Burkholder v. Dep't of Agriculture

    Publication Date: 2019-07-29
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0872

    The Secretary of Agriculture erred in holding that petitioner's violation of the Dog Law, wherein he exceeded the limits in his license for the number of dog transfers, automatically converted his kennel to a commercial kennel subject to a different set of regulatory standards. The appellate court reversed and remanded.

  • Sephakis v. Pennsylvania State Police Bureau of Records & Identification

    Publication Date: 2019-07-22
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0855

    Trial court properly denied appellant's petition for expungement of his mental health records and restoration of his right to possess firearms because appellant was afforded, and fully availed himself of, all due process required in connection with his §303 commitment proceeding and subsequent certification. Affirmed.

  • Brouillette v. Wolf

    Publication Date: 2019-07-15
    Practice Area: Administrative Law | Legislation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0808

    Petitioners' constitutional challenge to the state budgets at issue were moot given that the requested declaratory relief would be of no appreciable affect due to the expiration of the relevant fiscal years, subsequent enactment of remedial legislation and, inter alia, absence of any allegations that present or future general appropriations bills were affected. The court dismissed petitioners' amended petition.

  • Bankers Life & Casualty v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-07-15
    Practice Area: Administrative Law
    Industry: Insurance
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0807

    The Unemployment Compensation Board of Review erred in affirming a decision to dismiss employer's appeal as untimely where the record established that an administrative breakdown by the postal service caused the appeal to be untimely. The commonwealth court reversed and remanded.

  • DeBellis v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-06-24
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0714

    The commonwealth court rejected claimant's assertion that the Workers' Compensation Act should be interpreted as imposing a mandatory duty upon employers or insurers to unilaterally amend an injury description after issuing a notice of compensation payable based on later opinions of their own medical experts if those opinions are favorable to claimant. The commonwealth court affirmed.