Case law

City of Wilkes-Barre v. City of Wilkes-Barre Police Benevolent Ass'n

814 A.2d 285 · Commonwealth Court of Pennsylvania · Dec 31, 2002

Neither the home rule charter, nor an enactment by a home -rule municipality, may contain provisions contrary to or in limitation or enlargement of powers established by Act 111. … Thus, while City did not explicitly propose a change in health care plans, it clearly raised four proposals to curb health care costs.

Gould v. City of Aliquippa

750 A.2d 934 · Commonwealth Court of Pennsylvania · Apr 26, 2000

The trial court prevented Aliquippa from establishing the exact duties and responsibilities assigned to these employees. … Ultimately, however, Appellees bore the burden to establish that disclosure would not violate the attorney-client privilege, and they failed to do so.

SEI Investments v. Commonwealth

890 A.2d 1130 · Commonwealth Court of Pennsylvania · Jan 17, 2006

As -written, the regulation clearly contemplates that the taxpayer is performing the printing services and not an outside contractor. … Clearly, "help supply services” are not at issue in this case.

Duffy v. Department of Labor & Industry

160 Pa. Commw. 140 · Commonwealth Court of Pennsylvania · Nov 23, 1993

Accordingly, we will not disturb the Secretary’s interpretation of the PWA unless we find it to be clearly erroneous. … At the hearing, Carolyn Duffy admitted that the transfer was made solely for the purpose of qualifying the company as a minority contractor for bidding purposes. N.T. at 282.

Bonham v. State Board of Examiners of Nursing Home Administrators

31 Pa. Commw. 50 · Commonwealth Court of Pennsylvania · Jul 12, 1977

Under the definition formerly used in the Public Welfare Code, a showing that Benscoter was recognized as a mental retardation unit did not qualify it as a “nursing home.” … This Section includes the care for mental retardation within the definition for a mental health establishment. A mental *58 health establishment was defined separately from a “nursing home.”

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

C. Worley and L. Worley, h/w v. County of Delaware and M. Gura

178 A.3d 213 · Commonwealth Court of Pennsylvania · Nov 28, 2017

Indeed, Berkovitz’s qualifications and experience clearly establish his competency. … And, on cross-examination, Plaintiff was unable to clearly explain how Gura’s truck came into contact with her vehicle. Id. at 24-25, 33-34, 37.

In Re Collegium Foundation

991 A.2d 990 · Commonwealth Court of Pennsylvania · Mar 16, 2010

Section 204(b) of the GCAL clearly provides that a property shall be subject to taxation if there is income or revenue derived from the Property. … Section 1703-A of the Charter School Law defines a charter school as "an independent public school established and operated under a charter from the local board of school directors and in which students are enrolled or attend

Save Our Saltsburg Schools v. River Valley S.D.

Commonwealth Court of Pennsylvania · Nov 7, 2022

between SOSS and the Board Members, and that the Board Members were immune from SOSS’s suit under both the doctrine of high public official immunity and Pennsylvania’s Political Subdivision Tort Claims Act (Tort Claims Act … Moreover, an equity court will grant relief only if it can be clearly shown that the board acted in such a manner.

A. Welter v. Correct Care Solutions

Commonwealth Court of Pennsylvania · Aug 25, 2020

Id.8 In Campbell, the court addressed the issue of whether prison officials were entitled to qualified immunity for a prisoner’s deliberate indifference claim brought through the vehicle of Section 1983.9 … Corizon, Inc., 935 F.3d 757 (9th Cir. 2019). 9 As the court explained, “[q]ualified immunity protects government officials from damages liability insofar as their conduct does not violate clearly established

Universal Am-Can v. WCAB (MINTEER)

870 A.2d 961 · Commonwealth Court of Pennsylvania · Mar 16, 2005

Clearly, jurisdiction was never an issue. Further, WCJ Desimone found that there was an employer-employee relationship and that Minteer sustained a work-related injury. … that matter, would have subject matter jurisdiction to rule on its application for reimbursement. [6] This Court agrees with Petitioners' argument that the Board erred when it determined that the doctrine of quasi-judicial immunity

Cummins v. Department of Transportation

877 A.2d 550 · Commonwealth Court of Pennsylvania · Jun 20, 2005

The Department denied the protest on the grounds that it was not only untimely, but also clearly without merit. … Indeed, the purpose of these regulations, which establish a method by which contractors obtain ongoing prequalification certificates for specified types of work designated by the classification codes, is to avoid the necessity

In re the Arbitration between City of Erie & Haas Memorial Lodge, No. 7

61 Pa. Commw. 587 · Commonwealth Court of Pennsylvania · Sep 16, 1981

The City is hereby mandated to enact ap *589 propriate ordinances to establish, and to adequately fund a Police Merit Promotion System on or before March 31,1980. … of Mayoral authority found in Section 2002 of the Third Class City Code 1 The mayor shall designate, from the force, the chief and other officers who shall serve as such officers until their successors are appointed and qualified

Gaebel v. Thornbury Township

8 Pa. Commw. 399 · Commonwealth Court of Pennsylvania · Apr 6, 1973

Obedience to such regulation is not taking property without due process; that clause does not qualify the police power. . . .” 287 Pa. at 265 , 134 A. at 411 . … What we decide today is that the Gaebels’ exclusive recourse is to challenge the constitutionality of Thorn-bury’s zoning ordinance under the provisions of review established by the MPC, and they cannot at this time avail

Anelli v. Arrowhead Lakes Community Ass'n

689 A.2d 357 · Commonwealth Court of Pennsylvania · Feb 13, 1997

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The court stated that: With the exception hereafter noted, the Pennsylvania Liquor Control Board plays absolutely no part in establishing or enforcing the membership or guest policies of the club that it licenses to serve

Tran v. State System of Higher Education

986 A.2d 179 · Commonwealth Court of Pennsylvania · Dec 2, 2009

The University filed preliminary objections in the nature of a demurrer, asserting that: (1) it was entitled to sovereign immunity as a Commonwealth entity; (2) the Handbook did not constitute a legally binding contract; … Moreover, we note that the definitions found in § 103 of the Procurement Code are general definitions which apply “unless the context clearly indicates otherwise” to all provisions of said Code, including the Board’s current

Maleski v. Corporate Life Insurance

165 Pa. Commw. 72 · Commonwealth Court of Pennsylvania · Jul 14, 1994

The law firm of Berry & Martin, former legal counsel to Corporate Life turned over all Corporate Life files in its possession, but sealed nineteen *74 boxes of documents (Berry & Martin documents), asserting immunity under … Molin’s failure to establish the privileged nature of any of the documents at issue, his failure to even attempt to assert any privilege when he clearly had notice of these proceedings necessarily implies that he has waived

Jones v. City of Philadelphia

890 A.2d 1188 · Commonwealth Court of Pennsylvania · Jan 25, 2006

The Court found that, pursuant to this definition, Matos had been seized and the discarded contraband had to be suppressed. 23 Clearly, there are many cases in which Pennsylvania courts have interpreted Article I, Section … Dist., 16 P.3d 533, 539 (2000) (noting that "the legislative branch has the authority, and in many cases is better suited, to establish appropriate remedies for individual injuries.

Hager v. West Rockhill Township Zoning Hearing Board

795 A.2d 1104 · Commonwealth Court of Pennsylvania · Apr 15, 2002

With regard to the length-of-stay issue, the ZHB acknowledged “that a campground was clearly established on this property (although the extent and size of the same cannot be determined) prior to the exercise of police power … This recreational campground use clearly is different from the quasi-residential use of Hager's proposed expansion, and Hager himself acknowledges as much.

Johnson v. Allegheny Intermediate Unit

59 A.3d 10 · Commonwealth Court of Pennsylvania · Dec 13, 2012

Regarding the sixth factor, the lifetime ban is clearly rationally related to a non-punitive purpose. … In order to establish a claim for a permanent injunction, a party must establish a clear right to relief. Id.