Case law

E. Smalis Painting Co. v. Commonwealth

70 Pa. Commw. 90 · Commonwealth Court of Pennsylvania · Nov 18, 1982

competency and responsibility” 9 and by empowering the Secretary to suspend temporarily or disqualify any prospective bidder, previously qualified, for “[u]nlawful or improper activities that render the prospective bidder … regulations require, under penalty of suspension for non-compliance, that all contractors notify DOT promptly not only of misdemeanor or felony convictions but of ‘ Any significant changes affecting their capacity." 12 Clearly

Markley v. Carlisle Zoning Hearing Board

106 Pa. Commw. 578 · Commonwealth Court of Pennsylvania · Jun 12, 1987

Therefore, in order to establish the CRRS program at the Bellaire Apartments without resorting to an application for a variance, which the center sought in the alternative, the centers burden was to establish that, notwithstanding … Therefore, the staff apartment must qualify as a use accessory to the primary use of apartment building in order for the CRRS program, as proposed, to occupy the Bellaire Apartments.

Scannella v. Salerno Importing Co.

2 Pa. Commw. 11 · Commonwealth Court of Pennsylvania · Apr 13, 1971

They clearly were admissible as an exception to the hearsay rule, and were competent items of evidence upon which the referee, Board and court below could base their determination. … U. 42, No. 35, Section 2, 28 P.S. 91(b) provides: “A record of an act, condition or event shall, insofar as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode

Chesapeake Thermite Welding, LLC, d/b/a CTW v. DOT

Commonwealth Court of Pennsylvania · Oct 17, 2022

The Secretary agreed with CTW but determined that this distinction “in no way diminishes the force of the well-established doctrine of sovereign immunity” under the Procurement Code “which is designedly structured to accord … immunity.”

Masland v. Bachman

25 Pa. Commw. 435 · Commonwealth Court of Pennsylvania · Jul 9, 1976

or which no longer qualify as exempt items under the meaning and intent of this Section. ‘ ‘ Such procedures may be performed by the practitioners personally or with the aid of an assistant who need not be otherwise qualified … The rule making power vested in the Department of Health by this Statute is clearly interpretive, not legislative and the Department’s regulators must depend for their validity not upon a law-making power but on whether they

De Botton v. Commonwealth

123 Pa. Commw. 65 · Commonwealth Court of Pennsylvania · Jan 24, 1989

DOT also seeks dismissal on the grounds of sovereign immunity and lack of adjudicatory ripeness. … Contrary to Petitioner’s assertions, evidence of record clearly demonstrates that DOT’s contemplated expenditures under the Agreement are for replacement parkland.

Reilly v. Susquehanna County Tax Claim Bureau

904 A.2d 49 · Commonwealth Court of Pennsylvania · Aug 1, 2006

In its opinion on the statement of matters complained of on appeal, the trial court first noted that Section 603 clearly states that a tax claim bureau has the option to establish a payment plan for an owner. … The Court’s review is limited to determining whether the trial court abused its discretion, rendered a decision without supporting evidence or clearly erred as a matter of law. Darden v.

Rieger v. Workmen's Compensation Appeal Board

104 Pa. Commw. 42 · Commonwealth Court of Pennsylvania · Feb 17, 1987

Likewise, we determine that hand controls in an automobile are, in the instant setting, a device specifically designed for the particular use of allowing the handicapped to travel as necessary without aid and, as such, qualify … The Board has clearly committed an error of law in excluding the claimants costs for remodeling and installation of hand controls.

Miles v. Sweeney

154 Pa. Commw. 184 · Commonwealth Court of Pennsylvania · Mar 11, 1993

Before the trial began, the defendants (Sweeney and the City) moved for summary judgment on the basis of sovereign immunity. … Clearly, Section 5934 is inapplicable to the present matter.

M. Previte v. Erie County Board of Elections

Commonwealth Court of Pennsylvania · Jul 31, 2024

The latter two, however, flatly establish without qualification that completed absentee and mail-in ballots are public records. … In my view, the Election Code clearly provides all such documents are subject to public disclosure.

Atlas Hospital Equipment Co. v. Commonwealth

51 Pa. Commw. 358 · Commonwealth Court of Pennsylvania · May 14, 1980

Clearly, on the record in the instant case there is no basis for disturbing the referee’s finding of dependency. … Furthermore, it is well established that a claimant who prevails before the referee is entitled to the benefit of the most favorable inferences deducible from the testimony and other evidence.

Commonwealth v. Kelly

18 Pa. Commw. 490 · Commonwealth Court of Pennsylvania · Apr 11, 1975

or tractor in this Commonwealth, shall be deemed to have given his consent to a chemical test of his breath, for the purpose of determining the alcoholic content of his blood: Provided, That the test is administered by qualified … In the instant case, the record clearly establishes each of these elements.

County of Franklin v. American Federation of State

21 Pa. Commw. 379 · Commonwealth Court of Pennsylvania · Oct 20, 1975

Commonwealth Ct. 238 , 331 A.2d 588 (1975), we followed federal case law which establishes the standard of judicial review as to the award of an arbitrator who is commissioned to interpret a collective bargaining agreement … The arbitrator thereupon concluded that Shoop was not bound by the ninety-day service requirement to qualify him for permanent status but that Shoop’s “total service,” presumably including his part-time experience, entitled

A Special Touch v. L&I, Office of UC Tax Svcs.

192 A.3d 1238 · Commonwealth Court of Pennsylvania · Aug 23, 2018

Cmwlth. 2010) and clearly requires that the individual must be “customarily 2 Act of December 5, 1936, Second Ex. … Nonetheless, this finding alone would not qualify G.S., C.S., or B.G. as independent contractors because there was no evidence they were customarily engaged in offering such services as part of an independently established

Appeal by the Redevelopment Authority

53 Pa. Commw. 299 · Commonwealth Court of Pennsylvania · Jul 30, 1980

Another basic presumption clearly established over the course of the Commonwealth’s history is that property owned by the sovereign, the Commonwealth, is not ordinarily subject to taxation. … From these two principles arises the rule that state-owned property cannot be taxed by a municipality in the absence of a statute clearly authorizing it to do so.

C. Karolski v. PA DOC

Commonwealth Court of Pennsylvania · Oct 11, 2024

ordinarily must be raised in New Matter, “a party may raise the affirmative defense of immunity as a preliminary objection where it is clearly applicable on the face of the [petition for review … immunity.

Meck v. Carlisle Area School District

155 Pa. Commw. 469 · Commonwealth Court of Pennsylvania · May 5, 1993

Indeed, like Meek, Green established before the school board that less senior teachers, who held positions for which she was qualified, were not demoted. Id. 65 Pa.Cmwlth Ct. at 70, 441 A.2d at 817 . … The common pleas court was clearly justified in determining that it lacked jurisdiction because jurisdiction over demotion appeals lies with the Secretary of Education.

Pennsylvania School Boards Ass'n v. Barnes

885 A.2d 97 · Commonwealth Court of Pennsylvania · Oct 19, 2005

Act 72 allows districts to increase taxes annually by reference to an “index” PDE must establish. … Assuming that districts receive the amount to which they are entitled under the provisions of the Act, they will have sustained no harm, and clearly they have no clear right to any relief at this point in time, because the

Worley v. Pennsylvania Public School Employes' Retirement Board

689 A.2d 334 · Commonwealth Court of Pennsylvania · Jan 31, 1997

With respect to Class *336 1-0 registrants, the notice specified as follows: This examination is given for the purpose of determining whether you are qualified for military service. … Therefore, the General Assembly’s restriction of that benefit to active military service is clearly not irrational.

Commonwealth Ass'n of School Administrators Ex Rel. Axelrod v. Board of Education

740 A.2d 1225 · Commonwealth Court of Pennsylvania · Nov 19, 1999

concerning the establishment of performance standards and objective prior to implementation by the Board.” … positions for which such an Administrator is qualified, he shall be given the opportunity to apply for any other vacant position for which he is qualified within the School District. 16 .