Case law

Malt Beverages Distributors Ass'n v. Pennsylvania Liquor Control Board

966 A.2d 1172 · Commonwealth Court of Pennsylvania · Mar 2, 2009

Dunham testified, in his years *1178 of experience studying retail establishments, he found that similar retail establishments often locate together to enhance all of their businesses. … It noted the proposed licensed area would be clearly separated from the unlicensed portions of the premises by four-foot high barriers.

Malt Beverages Distributors Ass'n v. Pennsylvania Liquor Control Board

966 A.2d 1165 · Commonwealth Court of Pennsylvania · Mar 2, 2009

Dunham testified, in his years of experience studying retail establishments, he found that similar retail establishments often locate together to enhance all of their businesses. … It noted the proposed licensed area would be clearly separated from the unlicensed portions of the premises by four-foot high barriers.

Philadelphia Eagles Football Club, Inc. v. City of Philadelphia

758 A.2d 236 · Commonwealth Court of Pennsylvania · Jul 26, 2000

Early United States Supreme Court cases made it clear that interstate commerce was wholly immune from state taxation. See Leloup v. … Braman for the flights would qualify as “other compensation.”

D.R. Malloy & E.C. Malloy - Hon. H. G. Moulton, Jr., PA Court Administrator

Commonwealth Court of Pennsylvania · Dec 17, 2025

See article 5, section 18(b)(5) of the Pennsylvania Constitution.15 Clearly, even if Moulton made the necessary notifications, the outcome thereof would be remote and speculative. … “Mandamus is not available to establish legal rights but only to enforce rights that have been established.” Smires v. O’Shell, 126 A.3d 383, 387 (Pa. Cmwlth. 2015) (citations omitted).

Lazarus Housing, LLC v. Allentown S.D. ~ Appeal of: City of Allentown & Lehigh County

Commonwealth Court of Pennsylvania · Feb 4, 2026

Whether an entity qualifies as a “purely public charity” under the HUP test “is a mixed question of law and fact . . . .” Id. … Any error in this regard is harmless, as the trial court clearly acknowledged that the party seeking the tax exemption bears the burden of proving entitlement thereto. Id. at 423.

Com. v. $115,013.00 Cash; Appeal of: T.D. Malone

Commonwealth Court of Pennsylvania · Jun 27, 2025

Because the trial court’s order is not a final order and does not qualify for immediate appellate review as a collateral order under Pa.R.A.P. 313, we quash Malone’s appeal for want of jurisdiction. … See 42 Pa.C.S. § 5805(j)(1) (providing that “[t]he burden shall be on the Commonwealth to establish in the forfeiture petition that the property is subject to forfeiture”).

Gontarchick v. City of Pottsville

962 A.2d 703 · Commonwealth Court of Pennsylvania · Dec 12, 2008

. § 39301, provides that cities shall by ordinance establish a police pension fund that must be maintained by an equal and proportionate monthly charge against each member of the police force. … Having met the age and service requirements, Gontarchick and Reed qualified for superannuation retirement under the Code.

Commonwealth, Department of General Services v. United States Mineral Products Co.

927 A.2d 717 · Commonwealth Court of Pennsylvania · Jul 3, 2007

Clearly, this language does not suggest PCBs are defective as a matter of law or that no two reasonable persons could disagree as to defect. … “The experts have clearly established that the trace of this chemical compound are well contained, are not in areas of public use, and pose no health risk to the public or to our employees,” said Yerus-alim.

M. Fetterman v. Westmoreland County Children's Bureau; ~ Appeal of: Westmoreland County Children's Bureau

Commonwealth Court of Pennsylvania · Apr 28, 2025

Nonetheless, notwithstanding our Supreme Court’s movement toward a category-wide exception to the finality rule for discovery orders involving privileged material, the Court has directed that an appealing party must establish … The legislative purpose herein was clearly to create an agency, not only to investigate allegations of child abuse, but to provide care, shelter, and erase where possible the cruel stains

Harrisburg School District v. Hickok

781 A.2d 221 · Commonwealth Court of Pennsylvania · Jun 22, 2001

Section 303 of the Charter Law, 53 P.S. § 41303, establishing the optional charter plans for third class cities, gives an optional third class city the power to “organize and regulate its internal affairs, and to establish … Legislation enacted by the General Assembly carries a strong presumption of constitutionality, and the party challenging the constitutionality of any statute bears a heavy burden of demonstrating that the statute is clearly

Pennsylvania Communities Organizing for Change, Inc. v. Pennsylvania Public Utility Commission

89 A.3d 338 · Commonwealth Court of Pennsylvania · Apr 10, 2014

Under the resulting legislation, known as the Low-Income Home Energy Assistance Act of 1981 (LIHEAA) ( 42 U.S.C. § 8621 et seq.), Congress was to make block grants of Federal dollars to qualified States which were then to … [HHS] will defer to a State’s interpretation ... of the block grant statutes unless the interpretation is clearly erroneous” ( 45 C.F.R. § 96.50 [e]).

Daneker v. State Employes' Retirement Board

156 Pa. Commw. 511 · Commonwealth Court of Pennsylvania · Jun 30, 1993

with section 5907(k),[ 7 ] be entitled to a disability annuity if prior to *516 attainment of superannuation age he becomes mentally or physically incapable of continuing to perform the duties for which he is employed and qualifies … An examination of the applicable statutes and regulations here clearly indicates that the SERB has not arbitrarily exercised its duties or misinterpreted its role in this case.

In Re Appeal of Arnold

984 A.2d 1 · Commonwealth Court of Pennsylvania · Nov 5, 2009

Thus, the TIS clearly served its intended purpose of assisting in the orderly development of the C-2 commercial district. … A review of the proposed plan clearly demonstrates that sufficient acreage exists for Wal-Mart to comply with the set back requirements of the Zoning Ordinance. 12 IV. DID APPELLANTS FAIL TO ESTABLISH AN ADVERSE IMPACT?

County of York v. Pennsylvania Office of Open Records

13 A.3d 594 · Commonwealth Court of Pennsylvania · Feb 16, 2011

The trial court held that the term qualified as a technical word or phrase because it was used in the RTKL specifically in the context of 911 records. 5 The trial court noted that the only evidence of what this term consisted … The County clearly has the burden to establish that addresses are exempt under the RTKL.

Concerned Residents of Yough, Inc. v. Deparment of Environmental Resources

162 Pa. Commw. 669 · Commonwealth Court of Pennsylvania · Mar 28, 1994

. §§ 6901 -6992k, and Pennsylvania’s subsequent adoption of SWMA, Mill Service qualified as an interim service facility for the storage and treatment of hazardous waste. … CRY now argues that Steck’s testimony shifted the burden to Mill Service and the DER to establish that air quality control monitoring was not needed.

A.P. Pew v. T. Miller

Commonwealth Court of Pennsylvania · Mar 7, 2023

]tate . . . subjects, or causes to be subjected, any citizen of the [U.S.] or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … This Court has explained: To establish a violation of Title II of the ADA, a petitioner must show that: (1) he “is a qualified individual with a disability;” (2) he “was either

Borough of Glendon v. Department of Environmental Resources

145 Pa. Commw. 238 · Commonwealth Court of Pennsylvania · Jan 28, 1992

One of the most pressing public issues of the 1980’s is the prudent establishment of waste treatment facilities and disposal sites. … Accordingly, we conclude that the Borough has such substantial, direct, and immediate interests, which clearly fall within the zone of interests protected by the site limitation in Section 511(a), to warrant standing before

Cheng v. Septa & MV Transportation, Inc.

981 A.2d 371 · Commonwealth Court of Pennsylvania · Aug 6, 2009

Stepanuk, was qualified as an expert in orthopedics and trauma, and testified as to the extent of Cheng’s injuries which included a fractured right hip, fractured pelvis, separation of the sacroiliac, lumbar sprain and strain … The issue was clearly a jury question. Gillingham v. Patz, 429 Pa. 308, 312 , 239 A.2d 287, 288 (1968).

Ferguson v. Pennsylvania State Board of Funeral Directors

768 A.2d 393 · Commonwealth Court of Pennsylvania · Feb 5, 2001

By training and experience, and with Board regulatory oversight, licensed funeral directors are qualified to assist individuals with pre-arranging their funerals.” … In addition, the Board’s pronouncement did not establish a binding norm.

Black Political Empowerment Project v. A. Schmidt

Commonwealth Court of Pennsylvania · Aug 30, 2024

violates section 18 of article II of the Illinois constitution which provides for free and equal elections, that it creates an unreasonable interference with a citizen’s privileges and immunities … Clearly, the raw numbers were the whole impetus of, and basis for, this lawsuit.