Case law

C.L. Scheib v. J. Friedman

Commonwealth Court of Pennsylvania · Nov 2, 2023

We turn first to the doctrines of preclusion—res judicata and collateral estoppel, which clearly apply here. … In addition, the doctrine of absolute judicial immunity applies to Respondent.

Country Place Waste Treatment Co. v. Pennsylvania Public Utility Commission

654 A.2d 72 · Commonwealth Court of Pennsylvania · Jan 5, 1995

no equipment, personnel, or expertise to determine whether or not an odor, or perceived odor, violates standards for air quality: Furthermore, the Complainants have no special expertise, nor did they adduce evidence by a qualified … witness, to establish that the odor they experienced was indeed offensive or a threat to the public health, safety, or welfare. 6.

T.M. Dunn and L.N. Dunn v. Middletown Twp. ZHB

143 A.3d 494 · Commonwealth Court of Pennsylvania · Jul 11, 2016

Applicant’s President testified the house currently located on the property is in very poor condition. 2  Heath Dumack, who the ZHB qualified as a civil engineering … Clearly, the zoning ordinance’s minimum lot width requirement is important to these objectives. See, e.g., Appeal of Ressler Mill Found., 573 A.2d 675 (Pa.

C. Talbert v. Commonwealth of PA, Governor Shapiro

Commonwealth Court of Pennsylvania · Nov 6, 2024

Here, there is nothing at this stage of litigation that clearly shows that Talbert would pose a similar threat to institutional safety. … XI. 10 State has waived its immunity, or unless Congress has exercised its undoubted power under [Section] 5 of the Fourteenth Amendment[7] to override that immunity.”

Department of Labor & Industry v. Heltzel

90 A.3d 823 · Commonwealth Court of Pennsylvania · May 5, 2014

OOR thus erred in concluding EPCRA qualified as a federal statute that established the public nature of Tier II information. 6 b. … EPCRA provides the records will be made available under certain conditions, which is different than clearly establishing the public nature of records.

UNISYS Corp. v. Pennsylvania Life & Health Insurance Guaranty Ass'n

667 A.2d 1199 · Commonwealth Court of Pennsylvania · Nov 14, 1995

Construction of a statute by those charged with its administration and execution is entitled to great weight and should not be disregarded unless clearly erroneous. Spicer v. … The record establishes that Mellon satisfies the definition of the terms “person” and “resident” under the 1978 Act.

Citizens General Hospital v. Commonwealth

125 Pa. Commw. 358 · Commonwealth Court of Pennsylvania · Apr 25, 1989

the Medicaid program is presumptively valid under federal and state law, and the Commonwealth Court will not disturb DPW’s exercise of administrative discretion in the absence of fraud, bad faith, abuse of discretion or clearly … threshold increase necessary for construction cost reimbursement, the hospital is being penalized for its efficiency; i .e., had the hospital been less efficient its increase would have exceeded the threshold and it would have qualified

Blair v. Berks County Board of Assessment Appeals

20 A.3d 629 · Commonwealth Court of Pennsylvania · May 3, 2011

Preferential assessment” is defined as ”[t]he total use value of land qualifying for assessment under the act.” 7 Pa.Code § 137b.2. We explained in Herzog v. … Clearly, the commissioners’ failure to adopt such an ordinance does not obviate uniformity requirements where they otherwise would be required. 14 .

R. Nifas v. S. Darr and A. Weimer

Commonwealth Court of Pennsylvania · Apr 18, 2019

Defendants also argued that they are immune from suit for state law claims under sovereign immunity. (Memorandum of Law in Support of the Motion at 18-19.) … Last, Nifas asserts that Defendants are not immune from suit based on sovereign immunity because Nifas’ cause of action arises out of federal law, 42 U.S.C. § 1983.

Devlin v. City of Philadelphia

809 A.2d 980 · Commonwealth Court of Pennsylvania · Aug 29, 2002

violates public policy, which public policy has been clearly and forcefully articulated by the Legislature of this Commonwealth. … Even though, here, Common Pleas held that there was a rational basis for exempting transfers between Life Partners, public policy long established in this Commonwealth *993 leads us to disagree.

Imani Christian Academy v. Unemployment Compensation Board of Review

42 A.3d 1171 · Commonwealth Court of Pennsylvania · Mar 21, 2012

Based upon the highest quarter of wages Claimant earned within the total base year, the Service Center determined that Claimant’s wages were insufficient to qualify for benefits. Claimant appealed that determination. … To begin, we note that Section 4(l )(4)(8)(a)(i) of the Law is clearly inapplicable, as the parties do not argue that Employer itself is a “church or convention of churches or organizations.”

Cedarbrook Realty, Inc. v. Cheltenham Township

148 Pa. Commw. 310 · Commonwealth Court of Pennsylvania · Jun 2, 1992

All parties were represented by counsel who presented qualified real estate appraisal experts Joel Kulick (Kulick) for Cedarbrook, and Reaves Lukens (Lukens) for the Board. … That’s all I wanted to establish?

Jamieson v. Commonwealth

90 Pa. Commw. 318 · Commonwealth Court of Pennsylvania · Jul 2, 1985

On these facts, Jamieson is clearly not entitled to a writ of mandamus. … The purpose of mandamus is not to establish legal rights, but to enforce those rights which are already established. Hamm v. Board of Education for the School District of Philadelphia, 79 Pa.

T.W. Olick v. City of Easton

Commonwealth Court of Pennsylvania · Apr 4, 2019

This tort immunity defense is absolute, non-waivable, and clearly intended by the Tort Claims Act to insulate governmental entities from exposure to tort liability. McShea v. … These allegations are insufficient to establish the care, custody, or control of the trees required to invoke the tree exception to governmental immunity. See Osborne v. Cambridge Twp., 736 A.2d 715, 720–21 (Pa.

C. Caldwell v. The DOC

Commonwealth Court of Pennsylvania · Mar 31, 2021

The doctrine of sovereign immunity is well-established in this Commonwealth. … Establishing a limited list of exceptions to immunity, the General Assembly adopted what is commonly referred to as the Sovereign Immunity Act, 42 Pa.C.S. §§8501-8502, 8521- 8527.

J. Bentley v. Allegheny County Police Dept.

Commonwealth Court of Pennsylvania · Jun 24, 2021

Requester maintained that County PD did not establish the video footage on the MVRs qualified as investigative material under our Supreme Court’s decision in Grove. 3 Although OOR noted that Requester asserted … Cmwlth. 2015) (en banc); Coley (vacating and remanding in part for trial court to describe immunity agreement in more detail to enable this Court’s assessment of Section 708(b)(16) of the RTKL).

Port Authority v. Scott

62 Pa. Commw. 631 · Commonwealth Court of Pennsylvania · Nov 25, 1981

Because the phrase “all such questions” at the end of this provision clearly refers to the “questioning” of “reasonableness” stated in the sentence immediately preceding, the operative content of the Municipality Authorities … 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 limited to the determination of whether there has been

West Lampeter Solar 1, LLC v. West Lampeter Twp. ZHB & West Lampeter Twp.

Commonwealth Court of Pennsylvania · Jan 15, 2026

The Zoning Board then turned to the question of whether the Applicant’s project qualified for a special exception. … If a use clearly is not listed as permitted by right, as a conditional use, or as a special exception use by this chapter within any zoning district, the use is prohibited, except that

R. Nifas v. S. Darr and A. Weimer

Commonwealth Court of Pennsylvania · Apr 18, 2019

Defendants also argued that they are immune from suit for state law claims under sovereign immunity. (Memorandum of Law in Support of the Motion at 18-19.) … Last, Nifas asserts that Defendants are not immune from suit based on sovereign immunity because Nifas’ cause of action arises out of federal law, 42 U.S.C. § 1983.

Williamsport Area S.D. v. Williamsport Area Ed. Support Professionals Assoc.

Commonwealth Court of Pennsylvania · Aug 6, 2021

If the District establishes a written test for a vacant position that will be scored, a passing grade shall be established for that test. … Westmoreland Intermediate Unit #7 Classroom Assistants Educational Support Personnel Association, PSEA/NEA, 939 A.2d 855, 863 (Pa. 2007)] (holding that the essence test clearly