Case law

Commodore Perry School District v. City of Meadville

863 A.2d 122 · Commonwealth Court of Pennsylvania · Dec 7, 2004

A practice, even though long established, of collecting such unauthorized fee, commission or charge will not make it legal. … Moreover, summary judgment is only appropriate when, after examining the record in the light most favorable to the non-moving party, there is no genuine issue of material fact, and the moving party clearly establishes that

M.J. Zied-Campbell v. The Com. of PA

Commonwealth Court of Pennsylvania · Sep 3, 2024

Code § 201.1 (reflecting the policy that clients are “the primary source of information [for] establishing eligibility for financial assistance”). (Id. at 26.) … They cite the relief requested in paragraphs 3 and 104 of the Petition and note that sovereign immunity has been abrogated for claims based on the ADA. (Id. at 17-18.)

Amidon v. Kane

2 Pa. Commw. 367 · Commonwealth Court of Pennsylvania · May 20, 1971

Ct. 912 (1895 ) )„ but in any event it is well established that uniformity applies to all taxes in Pennsylvania. … With regard to the vanishing tax credit provisions, the Legislature clearly stated its intent in the Tax Code to be as follows: “Section 319. Tax credit for taxpayer class.— (a) Declaration of legislative purijose.

Rep. B. Cutler v. L.M. Chapman, Acting Sec'y. of the Com.

Commonwealth Court of Pennsylvania · Jan 25, 2023

Daniels, 436 A.2d 1165 (Pa. 1981), for the proposition that only “members elected, living, sworn, and seated” qualify as members of the House, Petitioner contended that as of December 1, 2022, the first day of the 207th General … However, “if the petitioner fails to establish any one of them, there is no need to address the others.” Lee Publications, Inc. v.

A. Pitts v. M. Naji

Commonwealth Court of Pennsylvania · Sep 6, 2016

I am not qualified to override this decision.” Complaint ¶ 34 (quoting Ex. C-15). … Merely having an impairment does not qualify a person as suffering from a ‘disability’ under the ADA.

Metaltech v. City of Pittsburgh

154 Pa. Commw. 171 · Commonwealth Court of Pennsylvania · Mar 11, 1993

The Treasurer argues on appeal that the record clearly demonstrates that Metaltech has not proven that it produces a new and different product since its process both begins and ends with the same rolls of *178 steel which … Accordingly, Metaltech has not proven that its operation falls within the narrow set of facts which qualify for exemption as “processing by products of manufacture” and thus is not entitled to an exemption under Section 6902

City of Erie v. Cappabianca

879 A.2d 823 · Commonwealth Court of Pennsylvania · Jul 20, 2005

Appellee argues that, unlike the Code, which clearly gave Council subpoena power, the statutory scheme for the current form of government does not give Council express statutory subpoena power. … Section 301 of the Charter Law determines whether the Charter Law supersedes the City Code: Upon the adoption by the qualified voters of any city of any of the optional plans of government set forth in this act, the city

V. Kane v. E. Pisani, Jr.

Commonwealth Court of Pennsylvania · May 24, 2022

Cmwlth. 2019) “A grant of summary judgment is only appropriate where the record clearly shows that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law.” … As explained by our Superior Court: Initially, it must be determined whether the plaintiff has alleged facts sufficient to establish a prima facie case.

Com. of PA v. D.L. Burkholder

Commonwealth Court of Pennsylvania · Feb 24, 2025

By its unambiguous language, the General Assembly clearly anticipated Section 207(c) of the Dog Law to extend two years beyond a kennel license’s expiration. … (ii) All of the persons residing in or on the establishment.

Bell Telephone Co. v. Pennsylvania Public Utility Commission

47 Pa. Commw. 614 · Commonwealth Court of Pennsylvania · Dec 12, 1979

While the Commission’s order clearly describes the method by which it computed the $4,639,000 dis-allowance, it does not show the precise calculation by which it determined that Bell’s “levelization” of expenses resulted … As we have often said, the establishment of rate structure is an administrative function peculiarly within the expertise of the Commission.

Harrisburg Gardens, Inc. v. Susquehanna Township Zoning Hearing Board

981 A.2d 405 · Commonwealth Court of Pennsylvania · Sep 23, 2009

Pennsylvania’s Supreme Court has established that to qualify as a continuation of an existing nonconforming use, a proposed use must be sufficiently similar to the nonconforming use to a sufficient degree so as to not constitute … Miles’ testimony is the sole evidence of record establishing the proportions of the business’s sales volume.

Smith v. Commonwealth

18 Pa. Commw. 1 · Commonwealth Court of Pennsylvania · Mar 14, 1975

Pagano, and the record clearly establishes that Smith’s counsel was in fact notified of the time and place of the hearing by the Commission’s Counsel. Thus, we find no merit in Smith’s second contention. … This testimony would have clearly been relevant.

D.L. Bussard v. PA DCNR (State Board of Property)

Commonwealth Court of Pennsylvania · Jun 10, 2022

This language suggests that McKinley Morris was somehow able to demonstrate the chain of title going back to the Dicken Warrant, so as to qualify to receive the Morris Patent. … The Board reasoned that if the Bussards could not establish title to the Property as a whole, they likewise could not establish title to a portion of the Property. RR at 305a.

L. Valenta v. WCAB (Abington Manor Nursing Home and Rehab and Liberty Ins. Co.)

Commonwealth Court of Pennsylvania · Dec 7, 2017

Abraham believed Claimant would not have been qualified for the position. With regard to the Telerex position, Ms. … Code §123.301, the Department of Labor and Industry outlines what the employer must prove to establish a job vacancy and/or job offer. 8 The protocols for vocational experts have been established by the Department

D. Shirey v. BARTA & Berks County Assoc. for the Blind, Inc.

Commonwealth Court of Pennsylvania · Apr 30, 2019

BARTA argued that 4 Shirey could not establish that BARTA’s alleged negligent acts fell within one of the eight enumerated categories of acts for which immunity has been waived … Shirey did not establish that BARTA’s alleged negligence fell within any of those categories.

D. Shirey v. BARTA & Berks County Assoc. for the Blind, Inc.

Commonwealth Court of Pennsylvania · Apr 30, 2019

BARTA argued that 4 Shirey could not establish that BARTA’s alleged negligent acts fell within one of the eight enumerated categories of acts for which immunity has been waived … Shirey did not establish that BARTA’s alleged negligence fell within any of those categories.

Lehigh-Northampton Airport Authority Lehigh Valley International Airport v. Fuller

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

In affirming Judge Gardner's de facto taking determination, this court recounted much of the testimony credited by Judge Gardner in determining the highest and best use of the Property; that testimony clearly focused on using … 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.

S.M. Donahue v. PA DHS

Commonwealth Court of Pennsylvania · May 15, 2026

This remedy clearly encompasses redress for conduct attributed to both OA and the Department. … Thus, Petitioner failed to establish technical discrimination. See Pronko, 539 A.2d at 462.

Schiller-Pfeiffer, Inc. v. Upper Southampton Township Board of Adjustment

1 Pa. Commw. 588 · Commonwealth Court of Pennsylvania · Apr 14, 1971

The first zoning laws as we know them today appeared in the city of New York in about 1916, and the first zoning laws in Pennsylvania were established under enabling legislation in 1927. … The opinion hastened to qualify the right of natural expansion by saying: “This right is not unlimited, however. The contemplated expansion must not be detrimental to the public health, welfare and safety.

Fischer v. Department of Public Welfare

85 Pa. Commw. 215 · Commonwealth Court of Pennsylvania · Mar 9, 1984

In making its decision, the United States Supreme Court specifically rejected due process, equal protection and establishment clause challenges under the Constitution of the United States. … S. §1925 are clearly applicable here. Although the Act of 1982 contains no severance clause, Section 1925 makes it unnecessary for such a provision to be included.