Case law

Friends Boarding Home of Western Quarterly Mtg. v. Com. of PA

Commonwealth Court of Pennsylvania · Jul 14, 2021

When Friends’ net operating losses are factored into the calculation, Friends maintains that it clearly meets the 5% threshold under the Charity Act. … This statutory definition clearly invites a comparison between the “full cost” of providing services and “any lesser fee received.” See id.; see also Alliance Home of Carlisle, Pennsylvania v.

Layne v. Zoning Board of Adjustment

64 Pa. Commw. 258 · Commonwealth Court of Pennsylvania · Jan 26, 1982

Clearly, a total exclusion of boarding houses from the city would violate substantive due process. … I don’t necessarily agree that a full-care facility would qualify.

Erie Insurance Property & Casualty Co. v. D. Heater (WCAB)

Commonwealth Court of Pennsylvania · May 29, 2024

The WCJ concluded Claimant failed to establish he provided timely notice of his alleged work injury to Insurer within 120 days of the injury’s occurrence, as required by Section 311 of the . . . … could “interpret Section 311 to require notice to the directly responsible entity” based on the presence of “a gap in the legislative scheme [meaning] the General Assembly 8 clearly

Trevlyn v. COM., DEPT. OF TRANSP.

786 A.2d 1040 · Commonwealth Court of Pennsylvania · Nov 15, 2001

On December 18, 2000, the trial court held a de novo hearing, at which DOT introduced into evidence a packet of documents establishing Licensee’s New Jersey conviction and notice of the suspension from DOT. … Again, Licensee’s argument is clearly without merit. See McCafferty, 563 Pa. at 158-159 , 758 A.2d at 1162 ; Commonwealth v.

Tyrone Area School District v. Delbaggio

162 Pa. Commw. 185 · Commonwealth Court of Pennsylvania · Feb 22, 1994

In addressing Taxpayers’ statute of limitations argument, the trial court found Section 13 of the Act inapplicable because it “is enti-tied Earned Income Taxes, and clearly states, ‘the provisions of this section shall be … Subsection VII(b) of Section 13 establishes a three-year statute of limitations that provides: Any suit brought to recover tax imposed by the ordinance or resolution shall be begun within three years after such tax is due

Duckett v. Commonwealth

135 Pa. Commw. 662 · Commonwealth Court of Pennsylvania · Oct 31, 1990

Section 101 defines “adjudication” as: [A]ny final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or … Although it was not specifically stated what “driving while under the influence” meant, the letter refers to an "intoxilyzer test" reading of .18 which the record establishes was due to the influence of alcohol.

Harman Coal Co. v. Commonwealth

34 Pa. Commw. 610 · Commonwealth Court of Pennsylvania · Apr 11, 1978

EHB’s action was founded on evidence adduced at the hearings which established to EHB’s satisfaction that if Harman’s application were granted there would exist a “high probability of acid mine drainage being discharged into … We will be especially wary of disturbing their findings in matters clearly within their special knowledge and competence. Commonwealth v.

Ellis v. Commonwealth

33 Pa. Commw. 354 · Commonwealth Court of Pennsylvania · Jan 24, 1978

Code §105.2 (a) (14), clearly include the issuance of service ratings among the personnel actions subject to appeal under Section 951(b). The twenty day limitation of Section 951 is mandatory. Marks v. … Squad leader is not a class of position in the civil service established by the Executive Board; Designer II is.

DeBlasio v. Pignoli

918 A.2d 822 · Commonwealth Court of Pennsylvania · Mar 12, 2007

[Defendants] acted in bad faith in establishing and maintaining surveillance cameras in the cells of [Plaintiffs]. 22. … As a result of our holdings, we need not discuss the immunity issues. [1] But cf. Jones/Seymour v.

Firearm Owners Against Crime v. City of Harrisburg Mayor E. Papenfuse and Police Chief T. Carter

Commonwealth Court of Pennsylvania · Sep 12, 2019

In doing so, the trial court held that because the City Defendants argued that the immunity defense was clearly applicable on the face of the Complaint, the City Defendants could raise the … Immunity Defense As a matter of procedure, the affirmative defense of immunity should not be raised by preliminary objection but in an answer to the complaint under the heading “New Matter.” Pa. R.C.P.

United States Fidelity & Guaranty Co. v. Royer Garden Center & Greenhouse, Inc.

143 Pa. Commw. 31 · Commonwealth Court of Pennsylvania · Oct 17, 1991

in the record supports the trial court’s evidentiary rulings and its subsequent denial of the Township’s and Kohler’s motions for a new trial, our applicable standard for review is “whether the trial court palpably and clearly … rather than granting, (as Kohler argued on the basis of consolidation of the Bortz, Mercurio and Glazer cases), four peremptory challenges to each party, which would *47 have produced 128 total jury selection challenges, clearly

Arrington v. Pennsylvania Liquor Control Board

667 A.2d 439 · Commonwealth Court of Pennsylvania · Nov 2, 1995

(R.R. 132a-133a); and that “[t]he applicant and premises qualify ...” … In short, Section 404 clearly and unequivocally now provides pertinently to this ease that the Board must issue a restaurant license to a qualified person and for a qualified premises either originally or by transfer; provided

Broughton v. Housing Auth. of Pittsburgh

755 A.2d 105 · Commonwealth Court of Pennsylvania · Jul 5, 2000

The Trial Court’s abbreviated opinion written in support of its decision relies upon the doctrine of promissory estoppel, stating that “the record clearly establishes that HACP employees told the MOMS volunteers that the … We disagree in that the record does not “clearly” establish that Housing Authority personnel gave the volunteers these alleged assurances.

City of Lancaster v. County of Lancaster

143 Pa. Commw. 476 · Commonwealth Court of Pennsylvania · Nov 15, 1991

In 1988, East Donegal Township, East Cocalico Township, and Upper Leacock Township qualified for review but were not reviewed. … We have held that where the statutory remedies are clearly adequate and the facts of a case fail to rise to the level necessary to invoke equity, mandamus will not lie. Kenney; Runyan v.

Morelli v. Commonwealth, Unemployment Compensation Board of Review

62 Pa. Commw. 66 · Commonwealth Court of Pennsylvania · Sep 28, 1981

The claimant’s argument on appeal is not clearly focused. … Commonwealth Ct. 512 , 360 A.2d 288 (1976), that a positive act of establishing an independent business enterprise renders a person self-employed within the meaning of Section 402(h) of the Law.

Weaver v. Department of Corrections

720 A.2d 178 · Commonwealth Court of Pennsylvania · Nov 2, 1998

Clearly, the notice also stated that all interested persons could submit written comments to DOC within 30 days. … Mandamus is not proper to establish legal rights, but is only appropriately used to enforce those rights which have already been established.” Wassell v.

Squire v. Pennsylvania Department of Public Welfare

696 A.2d 255 · Commonwealth Court of Pennsylvania · Jun 9, 1997

inadequate to qualify as an adjudication of an administrative agency. … for benefits under Act 534, that disability status cannot be changed without a due process hearing at which the basis for termination is established.

Armstrong County Memorial Hospital v. Department of Public Welfare of Pennsylvania

67 A.3d 160 · Commonwealth Court of Pennsylvania · May 20, 2013

Section 433.68 includes criteria that a state-imposed tax must meet to qualify as -a permissible health care-related tax. … Thus, to qualify as a uniformly-imposed tax, the tax must satisfy at least one of the (d)(1) criteria and not satisfy either of the (d)(2) criteria.

U.S. Venture, Inc. v. Com. of PA, DCED

Commonwealth Court of Pennsylvania · Feb 18, 2020

from suit pursuant to the doctrine of sovereign immunity. … Petitioner appealed to this Court.3 Initially, [t]he Board was established in furtherance of a public policy extending more than 200 years ago to allow claimants who ordinarily

City of New Castle v. Uzamere

829 A.2d 763 · Commonwealth Court of Pennsylvania · Aug 1, 2003

However, in order to qualify for post-trial relief, Uzamere must demonstrate that some problem with the pleadings prejudiced him at trial. See Slappo v. J’s Dev. … Clearly, the City is empowered to institute the action here by statute and by ordinance.