Case law

A. Oakes v. J. Richardson

Commonwealth Court of Pennsylvania · Jul 9, 2020

Discussion Generally, a local agency and its employees are immune from suit, unless immunity is specifically waived. 42 Pa. C.S. §§8541, 8542. The Township is a local agency. … The mere fact that an entity performs a function for which the municipality would enjoy immunity if the municipality performed it directly does not mean that the entity automatically enjoys immunity.

Jenkintown Towing Service v. Zoning Hearing Board

67 Pa. Commw. 183 · Commonwealth Court of Pennsylvania · Jun 17, 1982

The applicant operates a business of vehicle towing and repair which qualifies as a nonconforming use in a C-l commercial zone. … would result in an unnecessary hardship and would not be contrary to the public interest, they clearly met those con *193 ditions.

A. Elansari v. The Com. of PA

Commonwealth Court of Pennsylvania · Sep 16, 2024

. § 8522(b), establishes the circumstances for which sovereign immunity is waived by a Commonwealth party, which is defined in Section 8501 of the Judicial Code, 42 Pa.C.S. § 8501, as “[a] Commonwealth agency and any employee … , which are not automatically barred by sovereign immunity.

Borough of Braddock v. Sullivan Plumbing, Inc.

954 A.2d 672 · Commonwealth Court of Pennsylvania · Jul 16, 2008

This issue clearly is no longer in the case. Next Sullivan argues that the laches defense raised factual questions to be determined at trial. … Referring to the historical reluctance of the courts to apply estop-pel to the government, the Court noted that the reasons offered were strikingly similar to the reasons supporting the doctrine of sovereign immunity and

M. Hogan v. Lower Bucks County Joint Municipal Authority

Commonwealth Court of Pennsylvania · Aug 26, 2015

condition, for purposes of the utilities exception to local government immunity in 42 Pa. … Argument Defendant contends the trial court erred by denying its threshold motions and finding Plaintiffs’ Expert qualified to express expert opinions.

COM., DEPT. OF TRANSP. v. Riley

150 Pa. Commw. 259 · Commonwealth Court of Pennsylvania · Aug 31, 1992

The trial court has but two choices; it may affirm the penalty because the law as applied to the facts establishes a violation of the statute, or it may reverse because the facts do not establish a violation. … Otherwise, she would have had to qualify under the act of military duty personnel exemption of Section 1786(d)(2). 7 .

Nearhood v. City of Altoona

705 A.2d 1363 · Commonwealth Court of Pennsylvania · Jan 14, 1998

The Council submits that Section 822 clearly does not provide a legitimate expectation of continued employment sufficient to trigger the provisions of the Local Agency Law. … An adjudication is defined in relevant part as, “[a]ny final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations

Tygart Resources, Inc. v. Commonwealth

134 Pa. Commw. 168 · Commonwealth Court of Pennsylvania · Jul 23, 1990

raises the following issues: 1) whether gross receipts from the sale of coal through a lease agreement are royalties under the definition of “passive investment income” for the purposes of determining whether a corporation qualifies … The Act clearly provides that applications for S Corp. status be made to Department. Nothing in the Act requires Department to promulgate regulations.

Church of God Home, Inc. v. Department of Public Welfare

977 A.2d 591 · Commonwealth Court of Pennsylvania · Jun 10, 2009

R.R. at 7a, Bureau’s March 26, 2008 Adjudication. 3 The CGH contends that Eckart and Gross abandoned their obligations under the Stipulation to provide the outstanding verifications to the CAO to qualify Stone for MA benefits … The CGH’s claim in this regard lacks merit because the record clearly establishes that Eckart was Stone’s duly authorized agent *595 who timely appealed the March 2007 denial notice and entered into the Stipulation as Stone

Moon Twp. v. A. Papa

Commonwealth Court of Pennsylvania · Mar 3, 2023

, the Township is immune from all of Ms. … Papa asserts that these actions establish the claim of malicious abuse of process. Id. ¶ 28.

MAJ Entertainment, Inc. v. Zoning Board of Adjustment

947 A.2d 841 · Commonwealth Court of Pennsylvania · May 2, 2008

MAJ opened an establishment called Club Kama Sutra on the Property. … However, Southco and the current case are clearly distinguishable.

Hill v. Harrisburg Housing Authority

31 Pa. Commw. 157 · Commonwealth Court of Pennsylvania · Jul 19, 1977

. §1710.2(a), which provides: “Adjudication” means any final order, decree, decision, determination of ruling by an agency affecting personal or property rights, privileges, immunities or obligations of any or all of the … Commonwealth Ct. , 367 A.2d 1130 (1977), in which we ordered the State Civil Service Commission and a local school board to hold hearings which were clearly required under state law.

Savasta v. Commonwealth

44 Pa. Commw. 525 · Commonwealth Court of Pennsylvania · Jul 30, 1979

In imposing geographical limitations upon Claimant’s medical documentation, the Board clearly erred. … Given the ever-present advances of modern medicine and the increasing specialization in this field, we cannot be so parochial as to believe that only Pennsylvania doctors are qualified and competent to diagnose and treat

Nevarre v. Unemployment Compensation Board of Review

675 A.2d 361 · Commonwealth Court of Pennsylvania · Apr 10, 1996

training, there is a reasonable expectation of employment following completion of training, training approved by the Secretary is available to the worker from governmental agencies or private sources, and the worker is qualified … According to the regulations, this must be afforded some consideration, particularly since Nevarre clearly is an adversely affected worker whom the Trade Act intended to assist.

Donato v. State Board of Funeral Directors

168 Pa. Commw. 177 · Commonwealth Court of Pennsylvania · Oct 25, 1994

Moreover, Donato must overcome the presumption that a lawfully enacted statute is constitutional and is not to be declared otherwise unless it “clearly, palpably and plainly” violates the constitutions of the Commonwealth … Because of the specific use, nature and high cost of establishing a funeral home, the General Assembly also has a legitimate interest in the continuation of an established funeral home business after the death of the licensed

Lyons v. City of Philadelphia Board of Revision of Taxes

828 A.2d 485 · Commonwealth Court of Pennsylvania · Jul 15, 2003

This equitable remedy, “reformation,” is used to correct fraud or mistake and the actual agreement usually needs to be established by clear and convincing evidence. Black’s Law Dictionary, 1285 (7th ed.1999). … Subsections (i)-(ii) clearly do not apply, since the criteria in the statute were not proven. For example, there is no evidence as to any written policy as required by those subsections.

Diehl v. Unemployment Compensation Board of Review

4 A.3d 816 · Commonwealth Court of Pennsylvania · Sep 20, 2010

Grace ] for the two-prong test necessary to qualify for unemployment benefits under the voluntary layoff option proviso. … Because [the] [claimants failed to establish they exercised a voluntary layoff option pursuant to contract or established employer plan, we discern no error from the referees’ failure to find [the] [claimants eligible under

O'Reilly v. Fox Chapel Area School District

106 Pa. Commw. 516 · Commonwealth Court of Pennsylvania · Jun 10, 1987

Section 301, Act of March 4, 1971, P.L. 6, as amended, 72 P.S. §7301(t). 9 *524 No such qualifying terms have been added to the tax credit provisions of the LTEA. … Clearly, net profits of a business are to be determined with reference only to the gross income and expenses of that business, without mixing the income of one enterprise with the expenses of another.

Appeal of the Episcopal Community Services

90 Pa. Commw. 409 · Commonwealth Court of Pennsylvania · Jul 16, 1985

The dormitories of the Pittsburgh Salvation Army are not subject to tax merely because the institution makes a charge for the use of its facilities, at a figure which is clearly not commercial. . . . … (b) The “policy” of Springfield does not “in any way (qualify) the right of (Springfield Retirement Residence) to terminate this agreement.”

McNeilis v. Commonwealth

119 Pa. Commw. 272 · Commonwealth Court of Pennsylvania · Sep 6, 1988

R.A.P. 103 clearly states that the Rules of Appellate Procedure govern practice and procedure “in the Supreme Court, the Superior Court and the Commonwealth Court.....” Moreover, the provisions of Pa. … As a result, delay can operate to give an unjustified extension of operating privilegés to motor vehicle operators who, depending upon the ultimate determination, may not be qualified to drive on the public roads. *277 In