Case law

Artis v. Unemployment Compensation Board of Review

699 A.2d 849 · Commonwealth Court of Pennsylvania · Aug 25, 1997

under the Uniform Business Records as Evidence Act, 42 Pa.C.S. § 6108, the testimony of the toxicologist who supervised urine testing was competent evidence where he testified regarding the testing procedures and he was qualified … Because Employer’s policy is clearly discretionary and no evidence was presented that Employer provided referrals in a discriminatory manner, Claimant’s argument is without merit.

Nelson v. State Board of Veterinary Medicine

863 A.2d 129 · Commonwealth Court of Pennsylvania · Dec 7, 2004

Accordingly, the pilot failed to defeat DER’s defense of sovereign immunity. Admittedly, in Klimek , we used the term “professional incompetence” to denote a type of negligence. … Section 9 establishes that to qualify for a license as a veterinarian, an individual must be trained at an approved school of veterinary medicine, pass an examination of the Board and have a clean criminal history with respect

Turf Club OP Co. d/b/a Valley Forge Turf Club, Inc. v. Dept. of Health, Bureau of Health Promotion and Risk Reduction

195 A.3d 334 · Commonwealth Court of Pennsylvania · Oct 9, 2018

by concluding that it does not qualify as a Type I Drinking Establishment. … Liquor Code[,]” 35 P.S. § 637.2(1)(i), it was clearly within its authority to so state, but it did not.

Slippery Rock University of Pennsylvania of State System of Higher Education v. Ass'n of Pennsylvania State College & University Faculties

916 A.2d 736 · Commonwealth Court of Pennsylvania · Jan 16, 2007

Grievant qualified to have her tenure denial reviewed by an outside arbitrator because two (2) of the three (3) recommendations favored the granting of tenure. (CBA Article 15.E.4, R.R. at 467a). … the University to first establish a sound, reasonable basis for the decision denying tenure and then required Grievant to establish why that decision should be disturbed.

Estate of Blose Ex Rel. Blose v. Borough of Punxsutawney

889 A.2d 653 · Commonwealth Court of Pennsylvania · Dec 21, 2005

appropriately stated: No matter how seemingly complete our scheme of private ownership may be under our system of government, all property is held in subordination to the right of its reasonable regulation by the government clearly … Obedience to such regulation is not taking property without due process; that clause does not qualify the police power, (citations omitted).

Raush v. Tax Claim Unit

123 Pa. Commw. 319 · Commonwealth Court of Pennsylvania · Feb 2, 1989

To qualify for an extension, a taxpayer must apply as provided by Section 503 of the Law. … The record clearly establishes that notices of the sale were mailed to Charles Raush. Mr. Raush simply did not claim these notices.

Summit House Condominium v. Commonwealth

84 Pa. Commw. 291 · Commonwealth Court of Pennsylvania · Aug 2, 1984

At issue here is whether such a purchase arrangement qualifies for sales tax exemption under the Tax Reform Code of 1971 (Code), Act of March 4, 1971, P.L. 6, as amended, 72 P.S. §§7101-10004. *294 Section 202(a) of the Code … The exemption is clearly designed to benefit residential purchasers. We do not believe the legislature intended to separate out residential purchasers acting as a condominium.

M. & A. Gant, H & w v. DHS

Commonwealth Court of Pennsylvania · Dec 6, 2023

Daughter qualified for, and was enrolled in, the Department’s 1 The facts are as alleged in the Complaint. Attendant Care Waiver Program’s (ACWP) Consumer-Directed Model in 2011.2 See id. ¶ 46. … It tests the legal sufficiency of the challenged pleadings and will be sustained only in cases where the pleader has clearly failed to state a claim for which relief can be granted.

D. McLinko v. Com. of PA. Dept. of State

Commonwealth Court of Pennsylvania · Jan 28, 2022

Act 77 established that any qualified elector may vote by mail, but McLinko argues that the Pennsylvania Constitution requires a qualified elector to present her ballot in person at a designated polling place on Election … He asserts that under the Pennsylvania Constitution, a qualified elector must establish residency 60 days before an election in “the election district where he or she shall offer to vote.”

Commonwealth v. National Federation of Blind

18 Pa. Commw. 291 · Commonwealth Court of Pennsylvania · Apr 10, 1975

Defendants have engaged in this regulated activity, and have thus established “minimal contacts” with Pennsylvania. … Such “charities” could thus, with virtual immunity, spread their tenacles beyond the bounds of home, and subject naive citizens of other states to their supplications.

Keener v. Rapho Township Zoning Hearing Board

79 A.3d 1205 · Commonwealth Court of Pennsylvania · Jul 31, 2013

He contends that merely “charging a fee” is insufficient to qualify as being conducted “on a commercial basis.”' … When the irrational restrictions are removed, a banquet facility use clearly falls within the definition of “Parks and Playgrounds.” The order of the common pleas court is reversed.

Rebert v. York County Detectives Ass'n

909 A.2d 906 · Commonwealth Court of Pennsylvania · Oct 16, 2006

The union represents the county detectives employed by the District Attorney’s office to perform investigative/detective work and classified as police qualifying as an Act 111 bargaining unit. … Article V, as later amended by supplemental agreement, establishes that “the workweek shall consist of five (5) consecutive work days in a pre-established work schedule for a total of forty hours (40) per week.

K.C. Tolbert v. PA DOC

Commonwealth Court of Pennsylvania · Aug 7, 2025

The Grievance was denied on October 10, 2023, due to DOC’s determination that, after review by the Psychological Review Team (PRT), Petitioner did not qualify for Z Code Housing. … Mandamus First, and most plainly, we agree with DOC that Petitioner cannot establish a clear right to mandamus relief.

Fisher v. Viola

789 A.2d 782 · Commonwealth Court of Pennsylvania · Nov 30, 2001

to the public health, safety and welfare, (3) whether the ordinances violate the due process and equal protection guarantees of the United States and Pennsylvania Constitutions and whether they violate the privileges and immunities … clause of the United States Constitution and (4) whether the changes in the ordinances relating to slopes, grades and impermeability are reasonable and clearly necessary exercises of the police power.

Ernsberger v. Zoning Board of Adjustment

109 Pa. Commw. 373 · Commonwealth Court of Pennsylvania · Sep 16, 1987

Having established that the vested right doctrine applies to Owners situation, we must now examine whether the Board erred in determining that Owner had established the existence of a vested right pursuant to the five-prong … Four of the prongs are clearly met.

Milton Hershey School v. PHRC

Commonwealth Court of Pennsylvania · Nov 4, 2019

Therein, we granted review of the following issue: “Whether [MHS] qualifies as a ‘public accommodation’ under Section 4(l) of the . . . Act, 43 P.S. § 954(l).” … The Commission argues that MHS would not be entitled to a reversal as to the denial of the Motion to Dismiss because MHS has not established that, as a matter of law, it is not a public accommodation.

Black v. Jamison

913 A.2d 313 · Commonwealth Court of Pennsylvania · Dec 14, 2006

In new matter, DOT alleged that it was immune from suit and could not be sued for discretionary functions. … 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

S. Abrams v. The Juvenile Justice Department

Commonwealth Court of Pennsylvania · Sep 3, 2015

Notwithstanding video evidence establishing that Son was not involved in the assault, but was only a witness, Son was prosecuted and subjected to “in[-]home probation, . . . unnecessary drug screenings[,] . . . and unnecessary … Additionally, Son suffers “emotional distress upon having to provide for himself and trying to gain academic status to qualify for college.” (Compl. at 2.)

Scheetz v. Borough of Lansdale

64 Pa. Commw. 24 · Commonwealth Court of Pennsylvania · Jan 7, 1982

We believe that the above language clearly indicates that council’s action could be characterized as “legislative” only if the expenditure involved borrowed *29 funds, i.e., funds other than current funds. … Section 8.07 establishes guidelines for the borough treasurer to determine whether surplus funds are available for withdrawal, with fixed estimated costs, debt service, reserves and capital replacement requirements receiving

Union City Area School District v. Union City Area Education Ass'n, PSEA/NEA

951 A.2d 416 · Commonwealth Court of Pennsylvania · Jun 4, 2008

The District avers that under the School Code, every school district is required to employ only qualified professional employees and maintain rigorous standards to facilitate student achievement; thus, the District properly … Westmoreland dissent, we must reverse the order of the Trial Court and reinstate the Arbitrator’s award, since it clearly flows from the collective bargaining agreement and satisfies the essence test.