Case law

Council Rock School District v. Wrightstown Township Zoning Hearing Board

709 A.2d 453 · Commonwealth Court of Pennsylvania · Mar 30, 1998

The legislative mandate permitted DPW to condemn property to establish mental health facilities. … Because of this legislative grant of power, the trial court and a divided panel of *458 this Court determined that DGS was immune from local use restrictions.

P.R. Piper v. R.M. Marolf

Commonwealth Court of Pennsylvania · Aug 24, 2023

DOT received actual written notice of the dangerous conditions of State Route 4006 (S.R. 4006); Piper could not establish that DOT received such notice; and DOT was entitled to sovereign immunity because the pothole exception … DOT argues common pleas correctly held DOT is immune from Piper’s claim of negligence because Piper has not established that DOT received actual written notice of S.R. 4006’s dangerous condition and, therefore, could not

Gibson v. Unemployment Compensation Board of Review

682 A.2d 422 · Commonwealth Court of Pennsylvania · Sep 4, 1996

Because Section 404(e)(1) requires a claimant with high quarter earnings of $6,243 to have minimum base year wages of $10,000 to qualify for benefits, the job center determined that Claimant was financially ineligible. … The Board’s finding that Claimant’s application date was June 19, 1994 is clearly a typographical error. .

Grode v. Mutual Fire, Marine & Inland Insurance

132 Pa. Commw. 196 · Commonwealth Court of Pennsylvania · Feb 26, 1990

Immunity Provision Because no provision for immunity contained in the Plan can in any case confer upon the Rehabilitator, her deputies or agents immunity greater than that given by Pennsylvania law as codified in Sections … We emphasize that we do not by this action decide the question of the Rehabilitator’s immunity. D.

In Re: Appeal of the Coatesville Area S.D.

Commonwealth Court of Pennsylvania · Aug 19, 2022

In HUP, our Supreme Court established a five-prong test, holding that an entity qualifies as an institution of purely public charity for constitutional purposes if it meets the following requirements: (a) … Given the rights established by the ERA and Section 102 of the History Code, we believe that the preservation and maintenance of a historic structure and property qualifies as a charitable purpose and the fashion in which

Nelson v. State Board of Veterinary Medicine

938 A.2d 1163 · Commonwealth Court of Pennsylvania · Dec 17, 2007

First, the Board asserted that Nelson did not establish "that he was qualified to make an individual and business net worth evaluation." … Nelson's testimony as to *1177 his overall net worth incredible or unpersuasive, it seems to me that its analysis of his testimony clearly amounts to such a finding.

Bologna v. St. Marys Area School Board

699 A.2d 831 · Commonwealth Court of Pennsylvania · Aug 20, 1997

The complaint was clearly untimely. Thus, we find no error of law or abuse of discretion in the trial court’s determination that the complaint was untimely filed. … In the interest of judicial economy, we accept those facts as established. .

EmergyCare, Inc. v. Millcreek Township

68 A.3d 1 · Commonwealth Court of Pennsylvania · May 23, 2013

I, § 17 (“No ex post facto law, nor any law impairing the obligation of contracts, or making irrevocable any grant of special privileges or immunities, shall be passed.”). … "Accordingly, a statute will not be declared unconstitutional unless it clearly, palpably, and plainly violates the Constitution [and a]ll doubts are to be resolved in favor of finding that the legislative enactment passes

St. Margaret Memorial Hospital v. Borough Council of Aspinwall

163 Pa. Commw. 595 · Commonwealth Court of Pennsylvania · Apr 26, 1994

would qualify as a permitted or accessory use under the Ordinance, it would not meet the dimensional and other supplementary requirements for such use; the limitations on the location of parking lots within the Borough are … Zoning Hearing Board of Lower Merion Township, 161 Pa.Commonwealth Ct. 229, 636 A.2d 1232 (1994). 2 In the matter sub judiee, Sections 308.2.10 and 309.2.1 of the Ordinance clearly permit private parking lots as accessory

Waste Management of Pennsylvania, Inc. v. Commonwealth, Department of Environmental Protection

107 A.3d 273 · Commonwealth Court of Pennsylvania · Jan 8, 2015

County of Lehigh, 887 A.2d 1289 (Pa.Cmwlth.2005), and Monroe — clearly prohibits counties from imposing fees on disposal facilities or waste haulers. … Clearly, the end goal is self-sufficiency. See id.; 53 P.S. § 4000.1513; Northumber-land.

The Ceramic Art & Culture Inst. v. Berks County Bd. of Assess. Appeals & Reading School District

Commonwealth Court of Pennsylvania · Feb 18, 2020

Longwood’s public park and cultural facilities fall clearly within the scope of burdens that are routinely shouldered by government. … Thus, the Institute proved that it qualified for a tax exemption as a purely public charity. II.

Provident Mutual Life Insurance v. Tax Review Board

750 A.2d 942 · Commonwealth Court of Pennsylvania · Apr 28, 2000

According to Provident, the Tax clearly impairs a surviving corporation’s interest in the real estate by placing a cost on the transfer which did not exist prior to the merger. … The loss of tax immunity did not in any way impair the merger. In Commonwealth v. Western Maryland R.R.

Commonwealth v. Ciervo

24 Pa. Commw. 29 · Commonwealth Court of Pennsylvania · Mar 15, 1976

The unverified documentary evidence entered over objection of appellant’s counsel was, in our view, hearsay not properly qualified under the business records exception to the hearsay rule. … Although the record clearly shows that two identical policies were in fact issued to Mrs.

Community College v. Community College

17 Pa. Commw. 231 · Commonwealth Court of Pennsylvania · Feb 4, 1975

The College, believing the arbitrator to have committed an error of law in his award, timely filed a petition for review in the Court of Common Pleas of Beaver County pursuant to the procedure established for review of arbitration … Such arbitration awards, as are those issued under the Act of 1968 applicable to policemen and firemen, arise out of a collective bargaining impasse and thus also are clearly within the scope of Pa. R.J.A. No. 2101.

Stone & Edwards Insurance Agency, Inc. v. Department of Insurance

151 Pa. Commw. 266 · Commonwealth Court of Pennsylvania · Oct 26, 1992

Insurance Department argues that a demurrer should be granted because Stone and Edwards has not pled facts which establish a claim upon which relief may be granted. … Whether such a system has been statutorily created within the Insurance Department is clearly an issue which, if proven, would allow Stone and Edwards the requested relief sought in their complaint.

Berninger v. Workers' Compensation Appeal Board

761 A.2d 218 · Commonwealth Court of Pennsylvania · Oct 30, 2000

With respect to discrimination, the ADA provides: (a) General Rule — No covered entity shall discriminate against a qualified individual with disability because of the disability of such individual in regard to job application … Workmen’s Compensation Appeal Board (Lasher), 162 Pa.Cmwlth. 23 , 638 A.2d 336 (1994), reversed, 546 Pa. 27 , 682 A.2d 1257 (1996) which addressed the mental/mental standard and stated: We also note that the dual standard clearly

City of Philadelphia v. J.S., Sr. and C.S., Administrators of the Estate of J.S.

Commonwealth Court of Pennsylvania · Dec 21, 2023

Act.6] In the newly- established 2019 sovereign immunity provisions under Section 8522, actions are permitted for conduct (b.1) Major sexual offenses--Except as provided in [S]ection … The age qualifier that [the p]laintiff attempts to omit from [S]ection 5551(7) is essential to what constitutes an ‘offense’ 7 See Pa.R.A.P. 126(b)(1)-(2) (“As used in this rule, ‘non-precedential decision

Carpenter v. New Hanover Township Zoning Hearing Board

16 Pa. Commw. 378 · Commonwealth Court of Pennsylvania · Nov 18, 1974

These activities, it was asserted, qualified the mobile home as “living quarters for household employees, caretakers or watchmen,” a permitted accessory use under the Township Zoning Ordinance. *381 The Zoning Hearing Board … The definitions of buildings and dwellings in the zoning ordinance clearly include mobile homes.

Pennsylvania Power Co. v. Public Utility Commission

932 A.2d 300 · Commonwealth Court of Pennsylvania · Aug 21, 2007

Thus, its interpretation of the AEPS Act is entitled to great deference and will not be reversed unless clearly erroneous. See Popowsky v. Pennsylvania Pub. Util. Comm’n, 550 Pa. 449, 462, 706 A.2d 1197, 1203 (1997). … We believe DEP has established its standing to participate in support of the PUC’s decision based upon its duties under the AEPS Act.

S. Essington, Administrator of the Estate of D. Essington v. Monroe County Transit Authority v. J. Acevedo-Soltren

Commonwealth Court of Pennsylvania · Jul 11, 2023

Clearly, the fact that the bus might obstruct the view of a departing passenger or an oncoming car does not itself render the bus stop manifestly dangerous. … Appellant maintains that these allegations, when taken as true, are sufficient to establish a claim under the real estate exception to immunity.