Case law

Canot v. City of Easton

37 A.3d 53 · Commonwealth Court of Pennsylvania · Feb 9, 2012

Moreover, the employment agreement between the City and the District clearly indicates that the City was the employing agency with full control and responsibility for the work site. … Similarly, the City established rules governing the use of hardhats and vests and safety requirements around the construction equipment.

City of Philadelphia v. Elkins

11 Pa. Commw. 120 · Commonwealth Court of Pennsylvania · Nov 23, 1973

The claimant for an exemption from taxation must establish himself clearly within the exemption provision. However, as Mr. Chief Justice Horace Stern stated in Fischer v. … This corpus qualified under the exemption clause of the Act of 1913 as personal property held by a “trustee for a charitable organization.” Order affirmed. See Restatement (Second) of Trusts §348 (1957).

PA Western Univ. of PA, SSHE v. Asoc. of PA State College & Univ. Faculty

Commonwealth Court of Pennsylvania · Jan 9, 2026

Generally, to establish a prima facie case of disability discrimination, a claimant must prove that: (1) she is disabled; (2) she is a “qualified individual,” i.e., she is able to perform the essential functions7 of a job … The Award in this respect clearly draws its essence from Article 3.

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 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.

WRC North Fork Heights, Inc. v. Board of Assessment Appeals

917 A.2d 893 · Commonwealth Court of Pennsylvania · Feb 20, 2007

The trial court noted that the Pennsylvania Constitution establishes the framework for entitlement to real estate tax exemption. … In Community Options, Inc., the trial court held that the institution would not qualify for an exemption under the HUP test for 1996 and 1997, but it would qualify under the Charity Act for 1998 and later years.

PJD Entertainment, Inc., d/b/a Savannah's on Hanna v. Dept. of Health, Bureau of Health Promotion and Risk Reduction

136 A.3d 1042 · Commonwealth Court of Pennsylvania · Jan 29, 2016

“nightclub” under the law and was therefore not exempt from the CIAA’s general prohibition against smoking in a public place.2 PJD initially sought an exception under the CIAA on the ground that it qualified … not a drinking establishment) under the CIAA.

B.P. Oil Co. v. Delaware County Board of Assessment Appeals

114 Pa. Commw. 549 · Commonwealth Court of Pennsylvania · Mar 23, 1988

The court’s opinion clearly indicates that it did not rely on Appellees’ witnesses’ valuations exclusively, and recognizes that the market value would lie between the expert opinions of these witnesses and Appellant’s witness … We, accordingly, affirm the order of the trial court establishing the 1983 assessment of the subject property.

L.B., Individually and as Parent and Natural Guardian of E.C., a Minor v. Leechburg Area SD

Commonwealth Court of Pennsylvania · Oct 20, 2025

a duty for its negligence claim and a defendant pleads affirmative defenses like immunity. … Twp., 463 F.3d 285, 289, 293 & n.2 (3d Cir. 2006) (explaining “that a plaintiff has no pleading burden to anticipate or overcome a qualified immunity defense” and rejecting a “rule of pleading requiring a plaintiff to set

Strax v. Commonwealth

138 Pa. Commw. 368 · Commonwealth Court of Pennsylvania · Mar 7, 1991

Mayer’s report was sufficient tó establish his ability to drive pursuant to Section 1519. … The cases presenting mootness problems involve litigants who clearly had standing to sue at the outset of the litigation.

Eastwood Nursing & Rehabilitation Center v. Department of Public Welfare

910 A.2d 134 · Commonwealth Court of Pennsylvania · Nov 3, 2006

The Department’s so-called state *147 ment of policy was implemented almost ten years ago, and quite clearly is not an announcement of the Department’s future intent. … However, contrary to this clearly expressed requirement, the Department has failed to promulgate regulations establishing new rules for applicants desiring provider agreements under the MA program.

Hahn Home v. York County Board of Assessment Appeals

778 A.2d 755 · Commonwealth Court of Pennsylvania · May 17, 2001

This Court established in Lehighton, that in order for the entity .to satisfy its burden of establishing that it donates or renders gratuitously a substantial portion of its services, the entity must demonstrate that it makes … The record clearly indicates through various testimony that were it not for the Hahn Home, the residents who testified would clearly have to be supported by government subsidized housing of some nature in order to live.

Cola v. STATE CIVIL SERVICE COMMISSION (DEPT. OF CONSERVATION)

861 A.2d 434 · Commonwealth Court of Pennsylvania · Nov 12, 2004

If the claimant alleging employment discrimination establishes a prima facie case, the burden shifts to the appointing authority to clearly advance legitimate nondiscriminatory reasons for the personnel action. Com. … Each candidate interviewed was found to be qualified for the EES position prior to being offered an interview. The interview was considered the crucial element in selecting the appropriate candidate.

Giurintano v. Department of General Services

20 A.3d 613 · Commonwealth Court of Pennsylvania · Apr 25, 2011

LSA employs designated staff whose full-time job is to identify qualified interpreters. LSA takes great care to guard its list of interpreters from release. … The interpreters whom LSA requests [to] perform interpretations for the Commonwealth constitute LSA’s most highly qualified interpreters.

Pennsylvania School Boards Ass'n v. Public School Employees' Retirement System

804 A.2d 737 · Commonwealth Court of Pennsylvania · Aug 12, 2002

Section 8303(c) of the Retirement Code establishes that pre-membership, part-time service in a Commonwealth school is available for the purchase of credit. III. … PSERS was established by statute in 1959 to serve as the pension retirement system for public school employees.

Lisa H. v. State Board of Education

67 Pa. Commw. 350 · Commonwealth Court of Pennsylvania · Jul 8, 1982

The plaintiffs, as persons denied admission to the gifted and talented program because of their failure, upon evalu *359 ation, to qualify for the program, also challenge classification criteria and curricula set forth in … a regulation of an administrative agency is consistent with the statute under which it is promulgated, the agency’s interpretation of that regulation is entitled to controlling weight except where the interpretation is clearly

In re Nomination Paper of Nader

865 A.2d 8 · Commonwealth Court of Pennsylvania · Oct 13, 2004

To the extent that the burden of persuasion lies with objectors to establish that the signers are not qualified electors, they have established only that the signers are not registered to vote, but have failed to establish … To the extent that the burden of persuasion lies with objectors to establish that the signers are not qualified electors, they have established only that the signers are not registered to vote, but have failed to establish

Western Psychiatric Institute v. Commonwealth, Pennsylvania Labor Relations Board

16 Pa. Commw. 204 · Commonwealth Court of Pennsylvania · Dec 20, 1974

We are not persuaded that the team approach as described either establishes an identifiable community of interest among all of WPIC’s employees or that the effectiveness of its team approach would be destroyed by the approval … The activities described were clearly electioneering and equally clearly violative of the Board’s order. They constituted an unfair practice, by Section 1201(b)(4) of the Act, as amended, 43 P.S. §1101.1201 (b) (4).

Cardamone v. Whitpain Township Zoning Hearing Board

771 A.2d 103 · Commonwealth Court of Pennsylvania · Apr 5, 2001

Pursuant to Section 910.2 of the Pennsylvania Municipalities Planning Code (MPC), 1 in order to qualify for a variance, *105 an applicant must establish that (1) an unnecessary hardship stemming from unique physical characteristics … That is clearly not the case here. Herein, Cardamone testified that she is seeking to subdivide her property in order to obtain funds to improve her current residence. R.R. at 14a.

Luzerne County Flood Protection Authority v. Reilly

825 A.2d 779 · Commonwealth Court of Pennsylvania · Jun 4, 2003

Further, what the record does clearly establish is that the issue of marketability of title was of tangential relevance, at best. Moyer explained his estimate of damages as follows: Q. … While it has no effect on the outcome here, a litigant who has failed to make such a proffer may find that he is unable to prevail on appeal, not because of any procedural default but because the record will not establish