Case law

Lower Makefield Township v. Lands of Dalgewicz

4 A.3d 1114 · Commonwealth Court of Pennsylvania · Sep 1, 2010

. § 1105, provides that the testimony of a qualified valuation may include “[t]he price and other terms of any sale or contract to sell the condemned property.” … This Court will not hold as a matter of law that the trial court erred when it clearly considered the soundness and legitimacy of the Pulte Letter of Intent in conjunction with the other evidence of contemporaneous offers

Capaldi v. Workers' Compensation Appeal Board (City of Philadelphia)

152 A.3d 1107 · Commonwealth Court of Pennsylvania · Jan 9, 2017

Keane is exceedingly well-qualified in that he is a board certified specialist in head and neck surgery, with a special interest and expertise in head and neck cancer, as … Conclusion Claimant’s medical evidence did not establish that squamous cell carcinoma is a type of cancer caused by Group 1 IARC carcinogens, and this was necessary in order to establish that his cancer is

Global TelLink Corp. v. Department of Corrections

109 A.3d 809 · Commonwealth Court of Pennsylvania · Feb 6, 2015

The RFP stated that the sole point of contact was-the Issuing Officer and that the Department would notify in writing the offeror “whose proposal is determined to be the most advantageous” by a committee of qualified personnel … Corizon has failed to establish that the Deputy Secretary’s procedural decisions were prohibited by the Procurement Code or constituted an abuse of discretion.”). 19 Accordingly, the Department’s order is affirmed.

Se Pa. Transp. Auth. v. Acorn

128 Pa. Commw. 292 · Commonwealth Court of Pennsylvania · Jul 31, 1989

It is, however, a responsibility clearly enforceable in the political and democratic process — something which we are certain the General Assembly wisely foresaw and itself contemplated in adopting the legislative scheme … The board shall establish such rules as are necessary for proper observance of the budgets.

M. Alsyrawan v. DHS

Commonwealth Court of Pennsylvania · May 20, 2024

However, before this Court may reach whether the Department had a compelling interest in denying Petitioner an exception,25 Petitioner “first must 25 The Department clearly has a compelling interest in … Stewart, 690 A.2d 195 (Pa. 1997) (after a plaintiff establishes that government action substantially burdens his free exercise of religion, the government must establish that the burden advances a compelling interest and

D.M. Sexauer v. PennDOT, Bureau of Driver Licensing

Commonwealth Court of Pennsylvania · Dec 23, 2020

A person who has any of the following conditions will not be qualified to drive if, in the opinion of the provider, the 5 “Our review is limited to determining whether the … Once DOT establishes a prima facie case, the burden of production 9  then shifts to the licensee to establish that she was competent to drive

PA DEP v. Green 'N Grow Composting, LLC and S.R. Lehman

201 A.3d 282 · Commonwealth Court of Pennsylvania · Dec 31, 2018

The August 28, 2017 Order did not, however, supersede the January Consent Agreement pursuant to a stipulation of the parties.1 Instead, it established additional conditions and time for Appellants to terminate composting … Clearly, the various plastic bottles, metal cans, furniture, and food packaging material observed in these exhibits qualify as “solid waste” under the SWMA definition.

1400 North Third Street Enterprises, Inc. v. The City of Harrisburg License and Tax Appeal Board

175 A.3d 450 · Commonwealth Court of Pennsylvania · Nov 29, 2017

Nonetheless, because Licensee raised the hearsay issue to the Appeal Board, the trial court and this Court, it was clearly preserved and, thus, not waived. … Although [c]ity [c]ouncil’s definition of cabaret does indeed include descriptions of how much cloth entertainers must wear or, as the case may be - not wear, in order to qualify an

Tinicum Twp. v. A.J. Nowicki

Commonwealth Court of Pennsylvania · Mar 31, 2016

A township is not required to establish irreparable harm. Gateway Motels, 525 A.2d at 483. … Finally, Appellants argue that the bright-line waiver rule established in Commonwealth v.

In Re: The Nomination Petitions of Daniel B. Smith, Jr. as a Democratic Candidate for State Representative in the 12th Legislative District Petition of: R. Mahmood and K.R. Costello

182 A.3d 12 · Commonwealth Court of Pennsylvania · Mar 29, 2018

Rockefeller, 410 U.S. 752, 760-62 (1973)], which was clearly contemplated by members of the State Legislature when the Rule was adopted. … The Objectors, who carry the burden of establishing their challenge, provided no other evidence to support their challenge to the validity of the signer’s signature. 23 Therefore

D.J. Bauer, individually and d/b/a AmbroseBauer Trains (LLC) v. PA State Board of Auctioneer Examiners

154 A.3d 899 · Commonwealth Court of Pennsylvania · Feb 16, 2017

Second, even if all of Bauer’s auctions were conducted on the internet, the hearing officer and Board correctly concluded that the auctions conducted by him using his AuctionsByTM program did not qualify as sales through … Supreme Court did not hold that members of the regulated profession cannot constitute a fair and impartial tribunal; rather, it held only that such board members were not under the facts of that case clothed with state immunity

Com. of PA v. K.J. Alcibiade

Commonwealth Court of Pennsylvania · May 19, 2025

The Court qualified this statement by stating: “However, a hunter who is aware of the existence of bait and unloads his weapon is no longer hunting.” Id. … Viewing the evidence in the light most favorable to the Commonwealth, see Prentiss, 315 A.3d at 261, we agree with the trial court’s determination that the evidence clearly established Appellant knew he was hunting in a baited

Montgomery County Geriatric & Rehabilitation Center v. Commonwealth, Department of Public Welfare

75 Pa. Commw. 248 · Commonwealth Court of Pennsylvania · Jun 27, 1983

DPW’s interpretation of MAM sections 9424.85 and 9425.85, however, conflicts with federal regulations which specify the certification requirements that an SNF must meet as a qualified Medicaid provider, see 42 C.F.R. §442.200 … The prohibition against recapture, quoted above, clearly applies to facility costs which are not reasonable because they exceed “established ceilings for any calendar year____ ” What are these established ceilings?

Warwick Land Development, Inc. v. Board of Supervisors of Warwick Township

695 A.2d 914 · Commonwealth Court of Pennsylvania · May 12, 1997

Thus, standing alone, the Denial Letter clearly fails to comply with section 508(2) requirements. However, the Board of Supervisors attempts to incorporate other documents into the Denial Letter by reference. … The term "lot” is defined as a "contiguous quantity of land held in single and separate ownership, established by a subdivision or otherwise permitted by law and to be used, developed or built upon as a unit.”

Nicoletti v. Allegheny County Airport Authority

841 A.2d 156 · Commonwealth Court of Pennsylvania · Jan 20, 2004

The purpose of this condemnation is to establish and maintain air navigation access and terminal facilities authorized by the Municipality Authorities Act of 1945 ... 5. … 'In the absence of express waiver * * * [or one clearly implied] the grantee of minerals takes the estate subject to the burden of surface support.’

Conshohocken Borough v. Conshohocken Borough ZHB ~ Appeal of: K.J. Waller & L. Rhodes

Commonwealth Court of Pennsylvania · Aug 16, 2021

There is no other property in the RO Zoning District that could qualify to construct a convenience market with fuel pumps by-right. A developer could ask the [ZHB] for variances from the lot width requirement. h. … established the Zoning Amendment was spot zoning.

R.J. Cindrich v. Michael Fisher, former Attorney General

Commonwealth Court of Pennsylvania · Oct 25, 2017

Cmwlth. 1988) (unlike local agency employees who lose their immunity from liability under 42 Pa. … . §8550 where their acts constitute willful misconduct, Commonwealth employees do not lose their immunity continue to enjoy sovereign immunity and official immunity and remain immune from suit except as the General Assembly

Apartment Assoc. of Met. Pittsburgh, Inc. v. The City of Pittsburgh

Commonwealth Court of Pennsylvania · Mar 12, 2020

Landlords will be required to accept “reasonable rent” obligations as established by the Housing Authority and provide at least 60 days’ notice of any change in rent amounts. … For owners and operators of qualifying facilities, maintaining and securing those facilities is a major, if not principal, function, and the definitions of “security officer” and “building service employee

Allegheny County Department of Administrative Services v. A Second Chance, Inc.

13 A.3d 1025 · Commonwealth Court of Pennsylvania · Feb 16, 2011

. § 67.506(d)(1) by evaluating individuals to determine whether they qualify to provide foster care to dependent children. 2. … This provision, however, clearly does not apply in this case because the records in question are not in the County’s possession.

Bethlehem Manor Village, LLC & PA Venture Capital, Inc. v. ZHB of the City of Bethlehem

Commonwealth Court of Pennsylvania · Jan 29, 2021

Application nor through [their] expert witnesses at the hearing clearly establish that the facility me[t] the definition of ‘Hospital’[] because it will not be licensed as a hospital by the Department . . . ”; rather, a psychiatric … qualified as a hospital.