Case law

Sukati v. Commonwealth

43 Pa. Commw. 342 · Commonwealth Court of Pennsylvania · Jun 12, 1979

to pursue a full course of study and who seeks to enter the United States temporarily and solely for the .purpose of pursuing such a course of study at an established institution of learning or other recognized place of … Clearly, a person who resides here under a temporary student visa is not a “permanent” resident, nor can his or her spouse have that status.

Pinecrest Lake Community Trust ex rel. Carroll v. Monroe County Board of Assessment Appeals

64 A.3d 71 · Commonwealth Court of Pennsylvania · Feb 19, 2013

Here, the trial court noted, Developer established the Community by recording the Trust Agreement more than 12 years prior to the enactment of the UPCA. … Also, Trustee Carroll’s biological relationship to the principal of the declar-ant corporation does not establish declar-ant control of the Trust.

C.S. Lambing v. DOC

Commonwealth Court of Pennsylvania · Jul 23, 2020

The Department also asserted that “[t]o the extent [Lambing’s] claims are construed as invoking federal rights, [the Department] is insulated by qualified immunity.”2 Id. at 4, ¶ 35. … Despite his previous concession, Lambing contends in this answer that his claim falls under the exception to sovereign immunity contained in Section 8522(b)(3) of the Judicial Code, which waives sovereign immunity from claims

Lopez v. Interstate Container Corp.

54 Pa. Commw. 472 · Commonwealth Court of Pennsylvania · Nov 7, 1980

The claimant contends that the employer’s vocational rehabilitation specialist cannot qualify as an expert witness; that the witness’s testimony was not “worthy of credence,” and that the referee’s reliance on the testimony … The referee’s reliance on the testimony of the specialist was clearly within his prerogative and will not be disturbed by this Court.

Trustees of the University of Pennsylvania v. Board of Revision of Taxes

168 Pa. Commw. 49 · Commonwealth Court of Pennsylvania · Oct 7, 1994

However, to be successful under this theory, the University would have to establish that the Partnership itself is an institution of purely public charity and itself entitled to a tax exemption under Section 204 of the Law … However, unlike the Partnership at issue here, every entity in the Landfill Association in West Mahanoy was tax exempt; here, UCA, Inc. is clearly not tax exempt nor was the income to the Fund.

City of Erie, & Erie City S.D. v. Erie County Bd. of Assess. Appeals & Erie County Convention Ctr. Auth.

Commonwealth Court of Pennsylvania · Jul 14, 2021

Thus, in order to tax property owned by the Commonwealth, a local subdivision must establish that it has the authority to tax such property. … Thus, to the extent that the hotel properties are not immune from taxation, they are clearly exempt from taxation under Section 2399.69 of the (Footnote continued on next page…)

Mont. Cty. S. Dept. v. Wcab (Riehl).

125 Pa. Commw. 6 · Commonwealth Court of Pennsylvania · Apr 6, 1989

Moreover, Claimant's testimony as to how the accident happened was clearly corroborated by the testimony of Mr. Lepore. … Clearly, Claimant by cleaning his gun at home was engaged in the furtherance of Employer's business.

W. Watt v. WCAB (Boyd Brothers Transportation)

123 A.3d 1155 · Commonwealth Court of Pennsylvania · Sep 15, 2015

According to Claimant, the facts clearly establish he lived in Pennsylvania, and he spent more time working in Pennsylvania for Employer than any other state. … Consequently, he was not otherwise qualified for benefits under the Act.

MR MIKKILINENI v. Amwest Surety Ins. Co.

919 A.2d 306 · Commonwealth Court of Pennsylvania · Feb 26, 2007

This advice is entirely consistent with established law. … Second, the only order clearly identified in the amended notice of appeal is the order transferring the action to Indiana County.

Golebieski v. Public School Employees Retirement Board

161 Pa. Commw. 127 · Commonwealth Court of Pennsylvania · Dec 30, 1993

Claimant reported students’ grades and was required to follow a class schedule and curriculum established by the School District. … The Retirement Code permits PSERS members to purchase service credit and receive eligibility points for qualifying previous public school service. 24 Pa.C.S. § 8303(c).

In Re: Nomination Petition of Joe Gale, Candidate for Lt. Gov.

184 A.3d 185 · Commonwealth Court of Pennsylvania · Mar 20, 2018

These cases dealing with incompatible offices are clearly distinguishable from cases involving such fundamental a priori qualifications as age, citizenship, domicile and the like. … Thus, Candidate’s reliance on Keiser as establishing his youth as a “disability” as opposed to a disqualification or issue of eligibility is misplaced. 7 The Court sees nothing in federal case law or the United

City of Duquesne Civil Service Commission v. Ballough

16 Pa. Commw. 265 · Commonwealth Court of Pennsylvania · Dec 16, 1974

The record established that only one Commissioner sat at the second hearing during which the record was made. … This is clearly in contravention of the statutory requirement that two members be present to transact Commission business.

Kaolin Workers Union v. Pa. Labor Relations Bd.

140 A.3d 748 · Commonwealth Court of Pennsylvania · Jun 15, 2016

The law is well established that “the Board’s interpretation of its governing statute is to be given controlling weight unless clearly erroneous.” City of Erie v. Pa. Labor Relations Bd., 32 A.3d 625, 631 (Pa. 2011). … The PERA establishes a three-year contract bar to be applied in circumstances such as those in this case.

Medical Marijuana Access & Patient Safety, Inc. v. D.A. Johnson, M.D.

Commonwealth Court of Pennsylvania · May 30, 2024

When added to medical marijuana, terpenes qualify as a type of “excipient.” … Legal damages are not available to Petitioner’s members because of sovereign immunity protections and because there is no remedy that can adequately fulfill a patient’s inability to access medications that have been recommended

In Re: Condemnation by the PA Tpk. Commission of Property Located in the Twp. of Bensalem, Bucks County v. The Lands of L. Tarlini and L. Tarlini, h/w Appeal of: PA Tpk. Commission

185 A.3d 1177 · Commonwealth Court of Pennsylvania · Apr 10, 2018

The law is well-established that an expert may rely on hearsay statements in reaching an opinion. See Boucher; Luzerne C[ty.] Flood Prot. Auth. v. Reilly, 825 A.2d 779 (Pa. … In the instant matter, the trial court clearly explained: The evidence provided by the [Bonner] Affidavit is directly related to whether Parx Casino would have allowed an easement

Pennsylvania Liquor Control Board v. Richard E. Craft American Legion Home Corp.

686 A.2d 437 · Commonwealth Court of Pennsylvania · Dec 12, 1996

The court held that the Home Corporation, to qualify for the exception under 47 P.S. § 461.1, need only be a subordinate unit, not a “direct” subordinate unit, as the Board contended. … The Home Corporation contends that it presented evidence to establish that it clearly falls within the definition of a subordinate unit as set forth by the Code because it is undisputed that it is an incorporated unit that

Philadelphia Board of Pensions & Retirement v. Pearlman

137 Pa. Commw. 146 · Commonwealth Court of Pennsylvania · Jan 7, 1991

In addition, a party must show a sufficiently close causal connection between the challenged action and the asserted injury to qualify the interest as “immediate” rather than remote. William Penn Parking Garage, Inc. v. … Instead, it utilized Pennsylvania case law with reference to wills to conclude that, in this case, Decedent’s intention to revoke Scott and Cheri Pearlman as beneficiaries of his death benefits was not clearly established

Ellis v. Commonwealth

56 Pa. Commw. 628 · Commonwealth Court of Pennsylvania · Feb 17, 1981

No effort was made to qualify any of these statements for admission into evidence. … The evidence is clearly hearsay. It is well settled that in cases of this nature hearsay evidence which is properly objected to is not competent to support a finding of the Board.

B.W. Ebersole & J. Matlack v. Com. of PA

Commonwealth Court of Pennsylvania · Oct 10, 2023

The Commonwealth acknowledges that the amended Trust qualifies as a living trust. … Here, the Statements of Value establish “the settlor’s tax objectives.” 20 Pa.

In re Appeal of Johnstown Associates from the Final Assessment of the Board of Assessment Appeals

50 Pa. Commw. 56 · Commonwealth Court of Pennsylvania · Mar 12, 1980

Surely a county chief assessor, even one not as well qualified as the Cambria County chief assessor appears to have been, is competent to explain how he arrived at his determination of market value. … At the center of his opinion, however, is the recognition that, as he expressed it, “the law requires . . . the establishment of fair market value for assessment purposes. ” Judge Abood clearly delineated the positions of