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Publication Date: 2019-06-17
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0689
The trial court erred in dismissing defendant's appeal as Robinson Township did not comply with the mandatory enforcement notification requirements of Pennsylvania's Municipalities Planning Code §616.1 before issuing defendant a citation based on alleged violations of its zoning ordinance and seeking penalties under §617.2. The appellate court reversed.
Publication Date: 2019-06-10
Practice Area: Administrative Law | Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0682
Trial court properly dismissed property owner's complaint seeking relief from property reassessments and asserting a class action but court affirmed, on another ground, that property owners failed to exhaust the remedies available to them pursuant to the second class county assessment law. Affirmed.
Publication Date: 2019-06-10
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0640
OAG properly ordered the Pennsylvania state police to amend the PICS database to remove the disability imposed on petitioner, in petitioner's appeal of the denial of his application to carry a firearm, because petitioner's full pardon by the governor of Delaware of his Delaware conviction excluded petitioner's offense from the uniform firearms act's definition of "conviction." Affirmed.
Publication Date: 2019-06-03
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0645
Trial court could sustain an appeal of a license suspension for drug act conviction where a delay in transmission of the record of conviction to the bureau of driver licensing was nearly five times as long as the length of suspension. Order of the trial court affirmed.
Publication Date: 2019-06-03
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0659
Trial court did not err in concluding that officer had police authority to stop appellant and invoke the implied consent law in another township, in appellant's challenge to his license suspension, because officer had reasonable grounds to believe appellant was driving under the influence of alcohol when he measured appellant's speed as 15 miles above the limit, followed him to another township and smelled alcohol and observed appellant had red and glassy eyes. Affirmed.
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Publication Date: 2019-05-20
Practice Area: Administrative Law | Labor Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0573
Inmate serving only weekend incarceration was not ineligible for unemployment compensation where the eligibility statute required incarceration for the full week to disqualify from benefits. Order of the commonwealth court reversed.
Publication Date: 2019-05-20
Practice Area: Administrative Law | Transportation
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0577
Parking violation citation for "over time limit" upheld where driver failed to hang his handicap parking placard from his rearview mirror. Order of the trial court affirmed.
Publication Date: 2019-05-20
Practice Area: Administrative Law
Industry: Automotive
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0568
Trial court properly found that the order of suspension did not provide adequate notice and satisfy due process in department's action to suspend licensee's emission inspection license because the order did not provide a date or place for the alleged actions, did not include a citation to the specific statutory or regulatory provisions prohibiting the conduct in question and did not reference the 5000-mile exemption sticker issue raised at trial. Affirmed.
Publication Date: 2019-05-20
Practice Area: Administrative Law | Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0578
UC claimant ineligible for benefits when he was discharged for violating his employer's call-out policy, but penalties for fault overpayment were not imposed where evidence showed claimant did not select inaccurate reason for his separation on his application for the express purpose of improperly obtaining benefits. Order of the Unemployment Compensation Board of Review affirmed.
Publication Date: 2019-05-06
Practice Area: Administrative Law | Land Use and Planning
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0518
Restriction on medical clinic use in a residential district was not impermissibly exclusionary where standalone clinics were permitted in commercial districts or connected to assisted living facilities or nursing homes in residential district, but zoning board failed to provide landowners statutory right to present evidence on use variance request. Order of the trial court affirmed in part and reversed in part.
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