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Trial court erred in upholding denial of conditional use application for B&B estate where applicant was entitled to variance from requirement that guest rooms utilize owner-occupied structures. Order of the trial court reversed, case remanded.
Plaintiff homeowners filed preliminary objections to additional defendant homeowners association's second amended counterclaim. The court sustained the preliminary objections and dismissed defendant's second amended counterclaim against plaintiffs.
The court considered whether scheduled hearings to determine damages and sanctions against defendants should be stayed pending defendants' interlocutory appeals. The court stayed further proceedings pending resolution of defendants' appeals in order to conserve judicial resources and permit further action as appropriate in light of the appellate court's resolution of defendants' appeals.
Appellant developer appealed township's denial of its applications for a special exception and variances for construction of a solar farm. The court reversed, finding that a solar farm was not a use provided for in the township zoning ordinance and that appellee zoning hearing board erred in finding no unnecessary hardship using a strict practically valueless standard.
Court held that a district court has the authority to modify an arguably unlawful condition of supervised release raised in a motion pursuant to 18 U.S.C. § 3583(e)(2) when properly challenged below by exhausting all challenges to the legality of a condition of supervised release. Reversed and remanded.
Appellant prisoner appealed the trial court's order dismissing as frivolous his complaint asserting constitutional and pandemic safety protocol violations by Department of Corrections personnel. The court vacated and remanded for further proceedings where plaintiff plausibly alleged that prison officials violated the Eighth Amendment by placing him at risk of contracting COVID-19 when they failed to adhere to the Department's COVID-19 safety protocols and retaliated against him for filing associated grievances.
The court granted in part and denied in part the motion to dismiss filed by municipal defendants on plaintiff's 42 U.S.C. §1983 charges of state-created danger liability and municipal liability. The state-created danger liability claim survived.
Plaintiff student appealed the district court's order affirming an administrative hearing officer's rejection of her claim that defendant school district denied her a free appropriate public education. The court affirmed, holding plaintiff was not denied a FAPE when defendant moved to remote instruction during the COVID-19 pandemic.
Publication Date: 2024-07-12 Practice Area:Criminal Law Industry: Court:Commonwealth Court Judge:Judge Ceisler Attorneys:For plaintiff: for defendant: Case Number: 1324 C.D. 2020
Trial court erred in granting appeal nunc pro tunc appeal of license suspension for refusal of chemical testing where outcome of related DUI criminal charges was not relevant to the refusal of testing. Order of the trial court vacated.
Trial court erred in not requiring city to present its evidence first in hearing over an alleged zoning violation because §616.1(d) of the Municipalities Planning Code was mandatory and could not be waived. Reversed.