Case law

Cass Plumbing & Heating Co. v. PPG Industries, Inc.

52 Pa. Commw. 600 · Commonwealth Court of Pennsylvania · Jul 10, 1980

Both challenges are clearly cognizable on preliminary objections in Eminent Domain Code proceedings. … studies as a precedent to physically changing the environment, was not yet pertinent. ' Further, we are directed to no authority for enjoining a proposed condemnation by a state or local agency because the condemnor may not qualify

Markwest Liberty Midstream & Resources, LLC v. Cecil Township Zoning Hearing Board

102 A.3d 549 · Commonwealth Court of Pennsylvania · Sep 26, 2014

Accordingly, the [Proposed Facility] qualifies as a comparable use which is not specifically listed, a use by special exception in the 1-1 Light Industrial District pursuant to § 911.D.1 of the [UDO]. 7. … This was because the definition of ‘public service facility1 set forth in the local zoning ordinance stated clearly that the landowner must be a ‘utility.’

W.A. Dreibelbis, Jr. v. Centre County Grange Encampment and Fair

Commonwealth Court of Pennsylvania · Oct 24, 2024

. § 1983 must establish "( 1) that the conduct complained of was committed by a person acting under color of state law; and (2) that the conduct deprived the plaintiff of rights, privileges, or immunities secured by the … Bridges moved for summary judgment, arguing that he did not deprive Neuens of his civil rights and, alternatively, that he was entitled to qualified immunity on that claim.

City of Philadelphia v. Commonwealth

922 A.2d 1 · Commonwealth Court of Pennsylvania · Feb 23, 2007

Vignola’s background, we find him eminently well-qualified to testify concerning the fiscal affairs of the City of Philadelphia, and further find his testimony completely credible. 28. Mr. … Such a code would clearly contain “more than one subject” which would be prohibited by the first part of [Article III] section three. Id. at 308.

PA Env. Defense Foundation v. Com. of PA

Commonwealth Court of Pennsylvania · Nov 8, 2022

The petition for review identified the named Respondents as trustees of a trust established by the Environmental Rights Amendment to the Pennsylvania Constitution. … The Commonwealth has filed preliminary objections asserting untimeliness, a demurrer, and sovereign immunity.

Morris v. PA. PUB. SCH. EMP. RET. SYS.

114 Pa. Commw. 369 · Commonwealth Court of Pennsylvania · Mar 14, 1988

These teachers would only be able to qualify for retirement benefits for this time from the California system if they returned to California, obtained a job in California public school system, and repurchased credit for the … Applying this interpretation, Petitioner is clearly currently eligible , to receive a federal civil service pension. All he need do is apply.

Harvin v. Board of Commissioners

33 A.3d 709 · Commonwealth Court of Pennsylvania · Dec 2, 2011

A private water company appealed the approval to the trial court arguing that the use of the on-site wells which only served the apartment complex did not qualify as “public facilities” under the PRD ordinance. … In this court’s opinion, the Board of Supervisors’ interpretation of the PRD ordinance should clearly prevail over other artificial rules of construction or tangential indicia of intent.

B. Bonanno v. Rosebud Mining Co. (WCAB)

Commonwealth Court of Pennsylvania · Jul 22, 2025

Wolk was not qualified to perform the IRE pursuant to Chapter 14 of the AMA Guides, as he did not reach his diagnosis of Claimant’s condition based on the criteria set forth in Diagnostic and Statistical Manual of Mental … Wolk was not qualified to perform an IRE pursuant to Chapter 14 of the AMA Guides.

Association of Settlement Companies v. Department of Banking

977 A.2d 1257 · Commonwealth Court of Pennsylvania · Jul 24, 2009

Debt management companies typically establish a repayment plan with all participating creditors and establish an amount the client will pay monthly. … Section 3 provides that “[n]o bill shall be passed containing more than one subject, which shall be clearly expressed in its title.” Pa. Const, art III, § 3.

Gnagey Gas & Oil Co. v. Pennsylvania Underground Storage Tank Indemnification Fund

82 A.3d 485 · Commonwealth Court of Pennsylvania · Dec 6, 2013

Section 704(a)(1) of the Tank Act establishes the Fund. … Rather, the common law clearly distinguishes between concealment and nondisclosure.

Peters Creek United Presbyterian Church v. Washington Presbytery

90 A.3d 95 · Commonwealth Court of Pennsylvania · Apr 30, 2014

Archbishop, 280 U.S. 1, 16 , 50 S.Ct. 5 , 74 L.Ed. 131 (1929) (deferring to a church on whether an individual was qualified for an appointment to a chaplaincy in the Roman Catholic Church because it is a purely ecclesiastical … Furthermore, this case is clearly distinguishable from St. James the Less, 585 Pa. 428 , 888 A.2d 795 (2005), where the Supreme Court found that St.

Commonwealth, Department of Transportation, Bureau of Traffic Safety v. Slater

75 Pa. Commw. 310 · Commonwealth Court of Pennsylvania · Jun 30, 1983

result of that diagnosis, the department notified Slater that it was suspending his license, effective December 2, 1980, under sections 1504 and 1509 of The Vehicle Code, 2 requiring that school bus drivers be physically qualified … “No one will deny that we have reached a time in our modern way of life when the motor vehicle has clearly become a necessity to many people.

Great Lakes Rehabilitation Hospital v. Commonwealth

140 Pa. Commw. 215 · Commonwealth Court of Pennsylvania · May 31, 1991

In order to qualify for medicare-excluded status, however, a hospital must provide “intensive” rehabilitation services. See 42 C.F.R. § 412 .-23(b)(2) and § 412.29(a). … We clearly held in both Powers I and Powers II that a competitor lacks standing under the Act to challenge a determination of nonreviewability.

K. Newvine v. Jersey Shore Area SD

Commonwealth Court of Pennsylvania · Jul 19, 2018

The Trial Court concluded that: (1) School District was immune from suit under the Tort Claims Act; and (2) Newvine did not establish an exception to School District’s governmental immunity because she failed to show that … In granting School District’s Summary Judgment Motion, the Trial Court concluded that School District was immune from suit under the Tort Claims Act and that Newvine failed to establish an exception to School District’s immunity

Metropolitan Edison Co. v. Pennsylvania Public Utility Commission

62 Pa. Commw. 460 · Commonwealth Court of Pennsylvania · Nov 18, 1981

When the Supreme Court spoke of rates that were “Commission-made,” it was referring to rates stamped with antecedent Commission approval; it was such rates that were held to be immune from retroactive alteration. … Even assuming, arguendo, that the proof burden should have been placed on the Commission staff to establish that unreasonable rates were charged, that burden was met.

In re: Petition of the Board of School Directors of the Hatboro-Horsham S.D. for the Sale of Real Property ~ Appeal of: P. Ambler & J. Ambler

Commonwealth Court of Pennsylvania · Dec 7, 2023

They were qualified as experts in the field of real estate appraisal, without objection, and without competing experts offered to rebut their testimony. … While the metes and bounds listed in the legal description in the petition are clearly taken from the 1932 deed, the deed’s area description of 10.182 acres is not included in the petition or exhibits—to the contrary, only

Brandywine Hospital, LLC v. County of Chester Board of Assessment Appeals & Coatesville Area S.D.

Commonwealth Court of Pennsylvania · Feb 10, 2023

The trial court found that the percentage of uncompensated care provided by Hospital was “clearly not substantial.” Trial Ct. Op. at 29. … The trial court similarly found Hospital failed to establish that its bad debt write-offs constituted gratuitous donations of care for tax exemption purposes.

F. Habte-DeJesus v. PennDOT, Bureau of Driver Licensing

Commonwealth Court of Pennsylvania · Oct 17, 2025

Once a car moves under a person’s control, it clearly has been operated[.]” Bold II, 320 A.3d at 1194. … If any actuation of a car constitutes operating that vehicle, then any movement of its machinery, simple or complex, qualifies – from opening the door to rolling down the

In RE DeFACTO COND. AND TAKING OF LANDS

972 A.2d 576 · Commonwealth Court of Pennsylvania · Apr 28, 2009

LNAA sought to re-depose these people regarding the Property's highest and best use for the purpose of establishing the fair market value of the Property before the board of viewers. … McNally clearly indicated that a great deal of money and expertise had gone into planning for the Windwillow Project and that the Project was extremely promising.

N. Desher (Guardian ad litem of P. Devlin) v. SEPTA

212 A.3d 1179 · Commonwealth Court of Pennsylvania · Jun 27, 2019

R.A.P. 1925(b)(4)(v). 6 Here, the issues of duty and breach as related to a “safety rule” are subsidiary to the issue of negligence, which Appellant raised, concisely but clearly … Co., 352 U.S. 500, 506-07 (1957).7 The Pennsylvania Superior Court has repeatedly interpreted the Rogers standard to mean that “only in the most frivolous cases may the courts deny a[n] FELA plaintiff his qualified right