Case law

Gwinn v. Kane

19 Pa. Commw. 243 · Commonwealth Court of Pennsylvania · May 27, 1975

Such an inquiry would leave little doubt as to the true purpose underlying the establishment of this office. *258 Next, I must emphatically reject the majority’s conclusion that Smith v. … I submit that there is a clearly defined demonstration of intention in defining the terms.

Erie Ins. Co./Erie Ins. Exch. v. Flood

168 Pa. Commw. 258 · Commonwealth Court of Pennsylvania · Nov 3, 1994

Therefore, the determinative issue is whether Son qualifies as a “resident” of mother’s household. … Moreover, the record clearly reflects the fact that Son was continuously moving between his mother’s home and his father’s home. Reproduced Record (R.) at 160a-74a.

Ondek v. Allegheny County Council

860 A.2d 644 · Commonwealth Court of Pennsylvania · Nov 1, 2004

The resolution was not legislative in nature because it established no rule of general application. ... … Clearly the latter resolution affected the “personal or property rights or obligations” of the applicant and the adjoining landowners, as is the case in any land use appeal.

Cucchi v. Workers' Compensation Appeal Board

96 A.3d 440 · Commonwealth Court of Pennsylvania · Jul 17, 2014

. § 834, provides in relevant part: All parties to an adjudicatory proceeding are entitled to a reasoned decision containing findings of fact and conclusions of law based upon the evidence as a whole which clearly and concisely … Even Kauffman noted that “[p]hysical therapy is an established treatment protocol given [Claimant’s] diagnosis.” (Kauff-man Report, 6/14/11, at 3.)

Civil Service Commission v. Commonwealth

124 Pa. Commw. 518 · Commonwealth Court of Pennsylvania · Mar 31, 1989

Firstly, the City contends that Complainant failed to establish, as part of his prima facie case, that he was a “handicapped or disabled person.” 5 Noting that 16 Pa. … The City’s suggestion that the question whether or not a single rejection from employment may constitute an “impairment of a major life activity” is a matter of first impression is clearly incorrect.

MARSTON v. KLINE

8 Pa. Commw. 143 · Commonwealth Court of Pennsylvania · Mar 8, 1973

Marston, Carmen Quanti and Robert Becker, on behalf of themselves and on behalf of all other qualified electors of the Second Senatorial District of Pennsylvania similarly situated, as a class (plaintiffs). … Commonwealth Ct. 356 (1971), held that a complaint may be dismissed by the court on preliminary objections if laches clearly appears in the petition or complaint.

York v. Public Utility Commission

3 Pa. Commw. 270 · Commonwealth Court of Pennsylvania · Sep 14, 1971

The very nature of the request was admitted by protestants to establish the comparative rate disadvantage that might accrue to the York subscribers. . . . … The commission’s rules of practice, Buie 46, clearly requires a petition for subpoena duces tecum to state the specific documents and the necessity therefor.

Shoats v. Commissioner, Pennsylvania Department of Corrections

139 Pa. Commw. 607 · Commonwealth Court of Pennsylvania · May 10, 1991

Access to the system, however, was qualified by another memorandum dated April 8, 1990 and addressed to the Regional Director of BOP (memorandum). … Shoats argues that the book paging system denies him his constitutional right of access to an adequate law library as established in Bounds v.

Woods Services, Inc. v. Department of Public Welfare

803 A.2d 260 · Commonwealth Court of Pennsylvania · Jul 17, 2002

Rather, we are reviewing DPW’s denial of a license to a facility it concedes is otherwise qualified merely because of the facility’s failure to comply with unpublished policy. … Unlike in Second Breath, here there are no “clearly written” regulations justifying denial of the Licenses.

M. Stokes v. PA General Assembly, PBPP

Commonwealth Court of Pennsylvania · Apr 12, 2021

The affirmative defense, however, must be clearly applicable on the face of the petition for review. … The purpose of mandamus is not to establish legal rights, but to enforce those rights which are already established. Clark, 918 A.2d at 159.

Surgical Laser Technologies, Inc. v. Commonwealth

156 Pa. Commw. 48 · Commonwealth Court of Pennsylvania · Apr 8, 1993

In order to qualify for the net operating loss carryforward provision, a corporate taxpayer had to invest in Pennsylvania or maintain its investment there, notwithstanding the fact that it sustained a loss in doing so. … Whether such non-uniformity has been statutorily created by enactment of Act 22 is clearly an issue which, if proven, would allow SLT the relief requested in its Petition.

Valesky's Market v. Department of Health

779 A.2d 1251 · Commonwealth Court of Pennsylvania · Jul 10, 2001

Stale-dated Allowable Foods The language of the pertinent regulation is as follows: (a) Qualifying for certification or re-certification. … The WIC Program was established in 1972 pursuant to an amendment to the Federal Child Nutrition Act of 1966. 42 U.S.C. § 1786 (2000).

Commonwealth Ex Rel. JIULIANTE v. County of Erie

158 Pa. Commw. 508 · Commonwealth Court of Pennsylvania · Sep 23, 1993

Lavelle had failed to meet his burden of proving that the proposed salaries were reasonably necessary to attract and retain qualified personnel, and therefore, the supreme court could not determine whdther *513 the Court … In both of those cases, the supreme court clearly indicated that payment of legal fees by an adverse party is an issue separate and distinct from that which addresses whether the legislative branch has provided adequate funding

Foundations of Behavioral Health v. Department of Public Welfare

72 A.3d 848 · Commonwealth Court of Pennsylvania · Aug 5, 2013

Atkinson testified that because the record clearly indicated that S.D. suffered from certain conditions, S.D.’s stay at Foundations’ inpatient psychiatric facility and the care rendered there (whatever that care might have … Specifically, Foundations argues that because S.D. received undisputedly medically necessary care while S.D.’s placement at an alternative care facility was pending, Foundations qualifies for payment at the applicable RTF

School District v. Workmen's Compensation Appeal Board

145 Pa. Commw. 319 · Commonwealth Court of Pennsylvania · Jan 30, 1992

I would qualify for this type of an injury it is not uncommon, but it is definitely not unheard of. … Because this testimony clearly established that the neuroma pain suffered by the claimant in Truck Lubricating & Washing Co. did not normally follow from his permanent injury, the Board properly concluded that he was entitled

Civ. Sc, C. of Pgh. v. Hum. Rel. Com.

124 Pa. Commw. 518 · Commonwealth Court of Pennsylvania · Mar 31, 1989

483 A.2d 1039 (1984) rev'd on other grounds, 512 Pa. 534 , 517 A.2d 1253 (1986), in which we held that a single rejection from employment constituted an "impairment of a major life activity", such that the complainant "qualified … While Complainant may have been overweight, his own testimony clearly establishes that his weight had no effect on any of the body systems enumerated in 16 Pa. Code §44.4 (ii)(A).

W. Thomas v. K. Smith, Major of Security at DOC

Commonwealth Court of Pennsylvania · Oct 19, 2023

However, courts allow an exception where the defense is “clearly applicable on the face of the complaint.” Minor v. Kraynak, 155 A.3d 114, 121 (Pa. Cmwlth. 2017) (citation omitted). … Where the petitioner does not object to a PO that raises sovereign immunity, the court may rule on the sovereign immunity issue. Id.; see Smolsky v. Pennsylvania General Assembly, 34 A.3d 316, 321 n.7 (Pa.

Human Relations Commission v. School District of Philadelphia

784 A.2d 266 · Commonwealth Court of Pennsylvania · Sep 28, 2001

He was so qualified by the Court. c. … The School District clearly is not precluded from otherwise creating ways to encourage parental involvement in these remaining schools.

G. Elkington v. DOC

Commonwealth Court of Pennsylvania · May 27, 2021

Thus, the Department had to establish that the costs were “court-ordered” pursuant to Section 9728(b)(5). … Therein, the Department argues that it is entitled to judgment on the pleadings because the trial court clearly ordered Elkington to pay the costs of prosecution during the sentencing hearing.

Pennsylvanians for Union Reform v. Pennsylvania Office of Administration

129 A.3d 1246 · Commonwealth Court of Pennsylvania · Dec 18, 2015

Cmwlth. 1984). 17 As a community college, MCCC is a “state-affiliated” entity that qualifies as a Commonwealth agency under Sections 102 and 301(a) of the RTKL. 18 Pub.L. 91-508, 84 Stat … It is true that the mere possession of discretionary power by an administrative body does not make it wholly immune from judicial review, but the scope of that review is