Case law

Oliviero v. Diven

908 A.2d 933 · Commonwealth Court of Pennsylvania · Oct 26, 2006

The Petitioners are residents, registered Republicans and qualified electors of the 22nd Legislative District, Allegheny County. … The order clearly provides: The Secretary of the Commonwealth is directed NOT to certify the name of MICHAEL DIVEN as a republican candidate in the May 16, 2006 primary election as a candidate for the office of Pennsylvania

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

Merritt v. West Mifflin Area School District

56 Pa. Commw. 126 · Commonwealth Court of Pennsylvania · Jan 16, 1981

This argument is clearly without merit. Appellant’s allegation that Appellee should have pleaded by way of New Matter does not qualify as an averment of fact. … The court below also stated in its opinion that “no evidence has been established to show that [Ms. Merritt] was in fact mentally incompetent.

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.

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.

Stark v. Equitable Gas Company, LLC

116 A.3d 760 · Commonwealth Court of Pennsylvania · May 14, 2015

Dull’s testimony was not competent to establish a different western boundary of the Stark I parcel. In holding otherwise, the majority rejects well-established Pennsylvania canons of deed interpretation. … The ... right-of-way off the highway is clearly neither intended to be used nor is regularly used for vehicular travel. Id. at 846-47 (citations omitted).

Pittsburgh & Lake Erie Railroad v. Pennsylvania Public Utility Commission

66 Pa. Commw. 609 · Commonwealth Court of Pennsylvania · May 26, 1982

The Commission’s power to regulate maintenance is clearly qualified and explicitly limited to effectuating the prevention of accidents and the promotion of public safety. … The confusing interplay between Sections 2702(b) and 2704(a) demonstrates that the PUO’s authority in this matter is not clearly established.

Tener v. UNEMP. COMP. BD. OF REVIEW

130 Pa. Commw. 433 · Commonwealth Court of Pennsylvania · Jan 8, 1990

Perkins Vocation Education Act) and employers; and (5) The individual is qualified to undertake and complete such training. 20 CFR § 617.22 . … And, the other thing about the excessive costs, the Federal Register does clearly state that an individual should apply or receive training at the most reasonable cost available.

Tri-County Motor Sales, Inc. v. Moore

52 Pa. Commw. 62 · Commonwealth Court of Pennsylvania · Jun 5, 1980

of Cambria County raises two related questions: whether appellant’s bid on the general specifications of appellee Richland Township (Township) for a dump truck was in substantial conformity with the specifications as to qualify … established by the record.

Kleinberg v. Southeastern Pennsylvania Transportation Authority

765 A.2d 405 · Commonwealth Court of Pennsylvania · Nov 29, 2000

These limitations have clearly been delineated by the Legislature and must be given effect as written. … ’s orders are in fact so qualified, and accept responsibility for their actions.

Philadelphia Ass'n of School Administrators v. School District

80 Pa. Commw. 242 · Commonwealth Court of Pennsylvania · Feb 10, 1984

Specifically, therefore, we believe and must hold that an order by a School Superintendent mandating qualified administrators to teach specially designated groups of students for the duration of a teachers *246 strike is … Assuming arguendo the existence of a legal right, the Administrators have clearly failed to show that irreparable injury will be visited upon them in the absence of injunctive relief.

Marple Gardens, Inc. v. Zoning Board of Adjustment

8 Pa. Commw. 436 · Commonwealth Court of Pennsylvania · Apr 13, 1973

Third, in order to establish a right to a variance, an applicant must prove (1) unnecessary hardship which is unique or peculiar to the applicant’s property, as distinguished from the hardship arising from the impact of the … Although the court below relied heavily upon the principle that where the property owner has knowledge of the conditions which cause the hardship to the land, he may not take advantage of his situation so as to qualify for

Crozer Chester Medical Center v. Medical Professional Liability Catastrophe Loss Fund

713 A.2d 1196 · Commonwealth Court of Pennsylvania · Jun 25, 1998

case is the proper interpretation to be accorded section 702 of the Health Care Services Malpractice Act (Act), 1 the key to determining the entity responsible for the defense of professional liability claims made against qualified … Absent proof of such reliance, Petitioners fail to establish all the elements necessary for estoppel.

Wolfe v. Township of Salisbury

880 A.2d 62 · Commonwealth Court of Pennsylvania · Aug 3, 2005

Junior hunters shall be qualified in accordance with the Pennsylvania Game Commission Laws. 4. … The text of the Ordinance clearly states, inter alia, that "Hunters shall abide by all of the Pennsylvania Game Laws” and the "Junior Hunting Program shall be in conformance with the Junior Hunting Program as established

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

Industrial Ceramics, Inc. v. Department of Labor & Industry

157 Pa. Commw. 197 · Commonwealth Court of Pennsylvania · Jul 16, 1993

SWIF argues that the claim is one of negligence, not contractual bad faith, and therefore as a tort claim is barred by sovereign immunity. … The complaint here, however, clearly seeks and requires a determination based on the contract, and this is within the Board’s prerogative.

Malt Beverages Distribution Ass'n v. Pennsylvania Liquor Control Board

965 A.2d 1254 · Commonwealth Court of Pennsylvania · Feb 23, 2009

Dunham testified, in his years of experience studying retail establishments, he found that similar retail establishments often locate together to enhance all of their businesses. … It asserts that history clearly establishes the PLCB routinely approved such interior connections for decades.

Morgan v. Richter

724 A.2d 983 · Commonwealth Court of Pennsylvania · Feb 5, 1999

The trial court determined that Morgan had established requirement number 2 but failed to establish that Joyce Street Extended had been used by the public. … To the extent that the facts as found by the chancellor are susceptible of supporting a conclusion that Joyce Street Extended was not sufficiently used by the public so as to qualify for the status of a public road as well

M.J. Zied-Campbell & D.J. Campbell v. DHS

Commonwealth Court of Pennsylvania · Jan 21, 2026

Instead, Petitioners assert the following establishes, clearly and without any doubt, the discrimination against them based on their disabilities such that they are entitled to summary relief. … In short, Petitioners have not clearly established that the facts alleged, as a matter of law, meet their own burden of proof on their discrimination claims such that their right to relief is clear.

Helwig v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

99 A.3d 153 · Commonwealth Court of Pennsylvania · Sep 8, 2014

Once DOT establishes a prima facie case, the burden of production then shifts to the licensee to establish that she was competent to drive on the date of the recall or has since become competent to drive. Id. … Although much of his note is not legible, 8 Treating Physician clearly concluded Licensee is safe to drive. Id.