Case law

J.B. O'Neill, Jr. v. PA Fish and Boat Commission

Commonwealth Court of Pennsylvania · Oct 10, 2025

Code § 51.6 (emphasis added). 3 would not typically qualify as a regulation. Id. … To establish aggrievement, a party must show an interest that is substantial, direct and immediate. Id.

University of Pittsburgh v. Commonwealth

50 Pa. Commw. 505 · Commonwealth Court of Pennsylvania · Apr 15, 1980

The reports clearly constituted hearsay and Claimant’s counsel objected to them as such. … He tried to establish that Shamlin was the custodian of the records.

Chimenti v. Pennsylvania Department of Corrections

720 A.2d 205 · Commonwealth Court of Pennsylvania · Nov 9, 1998

Moreover, DC-ADM 818 does not establish a standard of conduct, which has the force of law nor does it establish a binding norm. … The term regulation is clearly defined in the Commonwealth Documents Law and the Regulatory Review Act.

Kennedy House, Inc. v. Philadelphia Commission on Human Relations

143 A.3d 476 · Commonwealth Court of Pennsylvania · Jul 11, 2016

” (93) Thus, the record clearly establishes a nexus between the requested accommodation and Ms. … Meister,1 and concluded that “the record clearly establishes a nexus between the requested accommodation and Ms. Rubin’s disability, as the dog Mira ‘alleviates one or more identified symptoms or effects of [Ms.

Borough of Bradford Woods v. Platts

799 A.2d 984 · Commonwealth Court of Pennsylvania · Jun 7, 2002

To qualify as a permitted accessory use, however, the home occupations must be customarily incidental and “clearly subordinate” to the principal residential use of the dwelling. … Their argument, however, clearly addresses the question of whether the Borough established that the Platts were in violation of the ordinance on or after July 18, 1995 (the date upon which they were to comply with the Borough

Levin v. Zoning Hearing Board

11 Pa. Commw. 452 · Commonwealth Court of Pennsylvania · Jan 17, 1974

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 … Although this Court may be very sympathetic to Levin’s plight caused by the zoning regulations and the water condition of his land, this Court is powerless to reverse the court below and the Board unless the record clearly

Rauch v. Workers' Compensation Appeal Board

808 A.2d 291 · Commonwealth Court of Pennsylvania · Sep 26, 2002

If Section 314 is purely procedural, she asserts, it may only enforce the right and duty established by Section 306(b)(2). … Workmen’s Compensation Appeal Board (Weingrad), 116 Pa.Cmwlth.433, 541 A.2d 1187 (1988), and the grant of absolute immunity to an employer for negligently inflicted injuries, in Fidler v.

In re Nomination Papers of Smith

60 Pa. Commw. 150 · Commonwealth Court of Pennsylvania · Jun 19, 1981

Clearly, Smith became the candidate for the political body “Smith for Congress” nomination on May 18, 1981 when the first signature was affixed to his nomination papers. … It is this Court’s duty to fundamentally preserve the established election machinery and prevent substantial damage to the “fabric of government” by fostering “splintered parties and unrestrained factionalism.” 4 Turning

Central Dauphin School District v. Central Dauphin Education Ass'n

739 A.2d 1164 · Commonwealth Court of Pennsylvania · Oct 27, 1999

In an effort to comply with this requirement the District established a teacher task force responsible for developing such a program. … First, it is well settled that an arbitration panel does not qualify as either a court or an administrative agency. Dunmore Police Association v.

Kuharchik Construction, Inc. v. Com. of PA

Commonwealth Court of Pennsylvania · Jul 15, 2020

The Auditor found that the Contested Items were taxable as they did not qualify as BME as Petitioner suggested. … The Commonwealth asserts that “under the two-part test, a specific item [] must qualify first, as one of the five general equipment types” and “then qualify as one of 8 the ten

P.A. Precht v. UCBR

Commonwealth Court of Pennsylvania · Dec 18, 2023

Cmwlth. 1985) (“While the incorporation . . . was not the final act in establishing an independent business enterprise, it is clearly a positive act towards that end.”); Balmer, 368 A.2d at 1350 (“[The] claimant has admitted … Had the Buchanan majority simply been business as usual, Judge Doyle’s perspective would undoubtedly have won the day, as the claimant in that case clearly engaged in one or more “positive steps” to establish his business

Chase v. Eldred Borough

902 A.2d 992 · Commonwealth Court of Pennsylvania · Jul 3, 2006

” and the Board “[w]ith its staff and facilities, [was] best qualified to secure uniformity in policies and rulings and to adjust conflicting claims to water and water rights.” … Municipalities have no immunity from the maintenance of nuisances as distinguished from negligence in the performance of governmental functions. Anderson v.

Shipley Oil Co. v. Workmen's Compensation Appeal Board

658 A.2d 489 · Commonwealth Court of Pennsylvania · May 2, 1995

Pursuant to regulations of the Interstate Commerce Commission (ICC), Claimant was required to undergo and pass a medical examination in order to qualify for his position as a truck driver. … We fail to see how any reasonable mind could find that Claimant sustained his burden to establish a change in his physical condition given these sparse facts.

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

4 A.3d 716 · Commonwealth Court of Pennsylvania · Aug 19, 2010

Claiming no pre-occur-rence offense, Licensee asserted he qualified for non-suspension treatment under 75 Pa.C.S. § 3804(e)(2)(iii). … He asserted subsection (b) clearly modifies subsection (a), and therefore controls the determination of prior offenses in license suspension cases.

Garner v. Pennsylvania Human Relations Commission

16 A.3d 1189 · Commonwealth Court of Pennsylvania · Feb 24, 2011

They require a plaintiff to establish (1) that he is a member of a protected class; (2) that he is qualified for the position he held; (3) that he was terminated; and (4) that he was terminated under circumstances that gave … An "adjudication” is "[a]ny final order ... affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the parties to the proceeding....” 2 Pa.C.S. § 101.

Luther P. Miller, Inc. v. Commonwealth

88 A.3d 304 · Commonwealth Court of Pennsylvania · Mar 20, 2014

While acknowledging that sales directly to the School District would clearly be *309 exempt, the Commonwealth contends that Petitioner has not shown that the sales it invoiced to the School District were actually sold and … 165 Pa.Cmwlth. 381 , 645 A.2d 383 *312 (1994), we addressed the similar question of whether a community action agency designated by Lancaster County to provide daycare services was a local governmental unit entitled to immunity

Com. of PA Acting by AG Kathleen Kane v. Golden Gate National Senior Care LLC

158 A.3d 203 · Commonwealth Court of Pennsylvania · Mar 22, 2017

. (3) Modify existing benefits, establish benefit limits and exceptions to those limits, establish various benefit packages and offer different packages to different recipients, to meet the needs of the recipients. (4) Establish … Pacor, Inc., 543 Pa. 664 , 674 A.2d 232 (1996), Clearly, addressing and deciding a preliminary objection presented to the Court is not dicta.

Moser v. Commonwealth, State Employees' Retirement Board

89 Pa. Commw. 456 · Commonwealth Court of Pennsylvania · May 23, 1985

At the hearing of July 25, 1980, it was established that the United States Social Security Administration had found Claimant to be totally disabled and had *459 awarded disability payments to her. … Berger testified further, as follows: Now, so that I can make the point I’m trying to very clearly, I cannot say categorically that this woman does not have coronary artery *460 disease. I’m not implying that at all.

Clair D. v. Commonwealth

101 Pa. Commw. 1 · Commonwealth Court of Pennsylvania · Sep 24, 1986

. §101: “any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the parties to the proceeding … Code §71.17 (d), and as such, is clearly encompassed within the Acts broad definition of adversary adjudication, as the Board so found.

Tomikel v. Commonwealth

658 A.2d 861 · Commonwealth Court of Pennsylvania · May 8, 1995

Summary judgment is only appropriate when, after examining the record in the light most favorable to the non-moving party, there is no genuine issue of material fact, and the moving party clearly establishes that he is entitled … and post-traumatic stress syndrome are not recoverable against DOT, as a Commonwealth party, pursuant to the limitation on damages set forth in the Judicial Code at 42 Pa.C.S. § 8528, commonly referred to as the Sovereign Immunity