Case law

G.A. Reihner and J.A. Reihner v. The City of Scranton ZHB

176 A.3d 396 · Commonwealth Court of Pennsylvania · Dec 8, 2017

The lower court determined that the testimony that the Reihners use their single-family dwelling to rent accommodations to overnight guests for a maximum four-night stay clearly meets the definition of a “Bed and Breakfast … provides: If a use clearly is not permitted by right, by condition or by special exception by this Ordinance within any Zoning District in the City, the use is prohibited in the

Daily Express, Inc. v. Commonwealth

46 Pa. Commw. 434 · Commonwealth Court of Pennsylvania · Oct 12, 1979

1, 1972, and that the facts and law established that Noltee was the Decedent’s employer at the time of the Decedent’s death. … We do have a lease agreement between Noltee and Daily which clearly provides tbat tbe borrowed drivers shall not be employees of Daily but shall remain tbe employees of Noltee.

Snyder v. Commonwealth

124 Pa. Commw. 511 · Commonwealth Court of Pennsylvania · Mar 30, 1989

In it she established a trust and directed that the income from the trust be used for the support of Jay and Ethel during their lives. … The trust instrument clearly directs the trustee to use net income for the support, maintenance and care of Jay and Ethel.

A.Y. v. Department of Public Welfare, Allegheny County Children & Youth Services

136 Pa. Commw. 451 · Commonwealth Court of Pennsylvania · Mar 26, 1991

The Officer’s discussion clearly demonstrates that she credited the mother’s testimony concerning the nature of the *458 conversation with L.K. … A.Y. observes that no further effort was made to establish L.K.’s credibility, for example by means of an interview with a qualified child psychologist.

Commonwealth v. Northeastern Educational Intermediate Unit No. 19

95 Pa. Commw. 361 · Commonwealth Court of Pennsylvania · Mar 4, 1986

In determining this appeal we bear in mind certain established legal principles: . ... courts will not review the actions of governmental bodies or administrative tribunals involving acts of discretion, in the absence of … It is true that the mere possession of discretionary power by an administrative body does not make it wholly immune from judicial review, but the scope of that review is limited to the determination of *365 whether there

Pennsylvania Human Relations Commission v. School District of Philadelphia

681 A.2d 1366 · Commonwealth Court of Pennsylvania · Aug 20, 1996

Wilkinsburg Education Ass’n, 542 Pa. 335 , 667 A.2d 5 (1995), the Court very clearly stated: First, public education in Pennsylvania is a fundamental right. … Reilly, Jr., Partner, Arthur Andersen, qualified as expert in economy and efficiency engagements; Scott L.

R. DuBoise v. Officer Hughan

Commonwealth Court of Pennsylvania · Feb 4, 2021

Defendants also raised several affirmative defenses, including sovereign immunity and qualified immunity. … Such arguments were not raised in the Motion for Summary Judgment, but Defendants raised the defense of qualified immunity in their New Matter.

Walls v. City of Philadelphia

165 Pa. Commw. 174 · Commonwealth Court of Pennsylvania · Jun 20, 1994

The legislature has spoken on this issue quite clearly. … for at least one year from the date of establishment thereof and thereafter until exhausted or replaced, but in no case longer than two years.

Konyk v. Pennsylvania State Police of the Commonwealth

133 A.3d 96 · Commonwealth Court of Pennsylvania · Jan 12, 2016

SORNA clearly required Petitioner to register with the *100 PSP as a sexual offender for fifteen years. 42 Pa.C.S. § 9799.15(a)(1). . 42 Pa.C.S. § 761(a). … The Petition for Review was originally filed in this Court on October 14, 2014, less than two years later, clearly within the statute of limitations period.

Philadelphia Suburban Transportation Co. v. Public Utility Commission

3 Pa. Commw. 184 · Commonwealth Court of Pennsylvania · Sep 7, 1971

PST did qualify to take its electric service under Rate HT, a high tension rate schedule for customers receiving energy at 13,000 volts and above. … The record clearly shows that PTC, on occasion, did not take sufficient quantities of electric energy to meet the *196 minimum billing demand, and thereby was made to pay more under the capacity charge provisions of Former

In re Fry

110 A.3d 1103 · Commonwealth Court of Pennsylvania · Feb 27, 2015

Clearly, the General Assembly intended the court to exercise its sound discretion in exercising its power of approval or appointment, and for good reason. … If a deputy no longer resides in, or ceases to be a qualified elector of, the ward in which he was appointed to serve, the court of common pleas may revoke the appointment of the deputy upon petition of five duly qualified

Independent Oil & Gas Ass'n v. Board of Assessment Appeals

780 A.2d 795 · Commonwealth Court of Pennsylvania · Jul 13, 2001

It is well settled that the General Assembly, within constitutional limits, determines what property shall be subject to taxation and assessments and what shall be immune. … Our standard of review is clear: the trial court’s order will be reversed only where it is established that the court committed an error of law or clearly abused its discretion. Cochran v.

Warwood v. Lancaster County Board of Assistance

32 Pa. Commw. 468 · Commonwealth Court of Pennsylvania · Nov 22, 1977

The establishment of conditions of service which will attract to the service of the Commonwealth qualified persons of character and ability and their appointment and promotion on the basis of merit and fitness are means to … We do not believe the Legislature intended that an employee whose performance is not clearly and wholly satisfactory, as that term is used in the Act, be given the right to higher pay and greater responsibility by the mere

Chloé Eichelberger Textiles, Inc. v. Commonwealth

675 A.2d 1297 · Commonwealth Court of Pennsylvania · May 9, 1996

Further, because the statutory deadline for making the election is clearly set out in Section 307.1 of the Tax Code, it becomes clear that whatever must be done to establish a valid S Corporation must be completed before … This substantive rule was established by statute, and thus, the Department is merely enforcing the rule and was not required to promulgate regulations under the Commonwealth Documents Law.

Pinnacle Health Hospitals v. Dauphin County Board of Assessment Appeals

708 A.2d 1284 · Commonwealth Court of Pennsylvania · Jan 26, 1998

However, qualifying as a purely public charity under the HUP test does not by itself establish that the applicant is eligible for a charitable tax exemption. Id. … CONCLUSION Because the Hospital is not free of the profit motive, it does not qualify as a purely public charity under HUP.

M.B. Henry v. T. Wolf, Gov. of PA & The General Assembly

Commonwealth Court of Pennsylvania · Jun 23, 2021

serve the Petition;4 (2) Henry failed to exhaust his statutory remedies under the PCRA; (3) Henry failed to state a claim against the General Assembly upon which relief could be granted; and (4) the General Assembly is immune … The action established in this subchapter shall be the sole means of obtaining collateral relief and encompasses all other common law and statutory remedies for the same purpose that exist when this subchapter

Propel Charter Schools v. S.D. of Pittsburgh (State Charter School Appeal Bd.)

Commonwealth Court of Pennsylvania · Nov 19, 2021

Section 1729.1-A of the CSL, which provides for the establishment of MCSOs (MCSO Provisions), states, in relevant part: (a) Establishment shall be as follows: (1) Subject to the requirements … Such an interpretation of the CSL is clearly inconsistent with the aforementioned legislative intent. See Harmon.

City of Harrisburg Housing Code Board of Appeals v. Reaves

48 Pa. Commw. 125 · Commonwealth Court of Pennsylvania · Dec 19, 1979

The inspection determined that there were 122 housing code violation points, more than 100 points over the required 20 points necessary to qualify for rent withholding. … The first sentence of the Act clearly states that once a dwelling is certified as unfit for human habitation, “the right of the landlord to *128 collect rent shall be suspended . . . until the dwelling is certified as fit

Dintzis v. Hayden

146 Pa. Commw. 618 · Commonwealth Court of Pennsylvania · Mar 30, 1992

The complaint alleges that on or about August 3,1991 the Pennsylvania House of Representatives (House) was considering House Bill 1536 which established a spending plan regarding the Commonwealth’s budget for the 1991-92 … Defendant Members have filed preliminary objections asserting (1) lack of standing, (2) immunity under the Speech and Debate Clause of the Pennsylvania Constitution (3) nonjusticiability and (4) preclusion of judicial review

Batoff v. State Board of Psychology

718 A.2d 364 · Commonwealth Court of Pennsylvania · Aug 12, 1998

psychologist is to recognize the boundaries of his or her competence and the limitations of his or her techniques and that a psychologist does not offer services or use techniques that fail to meet professional standards established … Paul’s testimony validated its own conclusions, the Board determined that the psychological evaluations prepared by Batoff on State Farm-insured accident victims between April 1982 and July 1988 were “clearly substandard”