Case law

Clinton County Solid Waste Authority v. Wayne Township

164 Pa. Commw. 632 · Commonwealth Court of Pennsylvania · Jun 8, 1994

Condition No. 4 qualifies as one of those safeguards. … It is clearly consistent with DER regulations and the Supervisors did not abuse their discretion or commit an error of law when imposing Condition No. 6. *651 Condition No. 7 requires the planting of a live green screen consisting

City of Philadelphia v. A Kensington Joint, LLC & A. Ehrlich

Commonwealth Court of Pennsylvania · Aug 9, 2023

First, his testimony was qualified at several points by his admissions that a structural engineering analysis is necessary to truly understand the structural state of the Building. … As in Cruz, and unlike the instant matter, the dangerous structural conditions of the building were clearly apparent from the outside. See id. at 655, 660.

N. Anand v. Com. of PA, PA Ins. Dept.

Commonwealth Court of Pennsylvania · Oct 11, 2024

This Court routinely considers requests for, and, where appropriate, issues writs of mandamus directing Commonwealth agencies to comply with clearly-established ministerial duties. … Even if the issue was not waived, Requester clearly has not carried 31 his burden to establish bad faith with any record evidence. Uniontown Newspapers, Inc. v.

M. McGurn v. WCAB (American Patriot Ambulance Services, Inc.)

Commonwealth Court of Pennsylvania · Aug 20, 2014

[Employer’s Physician] is highly qualified to render an opinion in this matter. … Various studies have clearly identified the vast majority of herniations in the lumbar spine are sustained without any identifiable trauma.

Harsh v. Petroll

840 A.2d 404 · Commonwealth Court of Pennsylvania · Dec 10, 2003

Superior Court held that compliance by a car manufacturer with FMVSS was admissible into evidence because compliance with those standards was “only a piece of the evidentiary puzzle” and did not grant the car manufacturer immunity … Clearly, because the trial court was bound by our Supreme Court’s decision, it properly instructed the jury regarding GM’s role as a manufacturer in a product liabibty case. 2.

R. Moton v. K. Boockvar ~ Appeal of: L. Hoopes & G. Stenstrom

Commonwealth Court of Pennsylvania · Feb 24, 2025

This requirement prevents premature judicial intervention in a remedial process that has already been established by law, and allows development of a factual record on the terms established for that legal remedy. … For that “critical reason[],” the General Assembly established numerous obligations in the Election Code and numerous procedures for vindicating them pursuant to the Code. Id.

G.W., a minor by his parent and guardian, H.W. v. Avonworth S.D.

Commonwealth Court of Pennsylvania · Jun 2, 2023

Code § 11.11(b) (“The school district . . . has no obligation to enroll a child until the parent, guardian or other person . . . making the application has supplied proof of the child’s age, residence, and immunizations as … Clearly, a parent’s statement as to the location of the residence is deserving of substantial weight by th[e] Board.”

Tri-County Landfill, Inc. v. Pine Township Zoning Hearing Board

83 A.3d 488 · Commonwealth Court of Pennsylvania · Jan 9, 2014

However, Objectors’ application for reconsideration was not clearly directed to the full court. … More particularly, based on the above determinations regarding the construction and composition of the proposed modern landfill, it clearly qualifies as “[a] combination of materials forming a construction [7] for occupancy

S. Stridiron v. UCBR

Commonwealth Court of Pennsylvania · Apr 29, 2025

. § 821(e). 3 “PUA provides up to 79 weeks of benefits to qualifying individuals who are otherwise able to work and available to work within the meaning of applicable state law, except that they are unemployed, partially … Additionally, Claimant failed to establish entitlement to nunc pro tunc relief.

Metro Treatment of PA, LP v. ZHB of the Township of Shenango

Commonwealth Court of Pennsylvania · Jan 10, 2018

Scully stated that Metro has established 65 methadone maintenance clinics across the United States, and sought to establish such a clinic in Lawrence County to help stop the recent surge in the number of deaths by overdose … Moreover, as evidence that the two uses are not of the same general 6 character, the Ordinance clearly contemplates “Business or Professional Offices” and “Clinics” as separate

Higgins v. Public School Employes' Retirement System

736 A.2d 745 · Commonwealth Court of Pennsylvania · Aug 18, 1999

. § 8102, Claimant qualifies to apply for multiple service, under which she could combine her credited service in both systems. 2 School District’s Business Manager (Business Manager) was involved in the hiring of Claimant … Later, around 1983, PSERS provided newly-hired school employees with different enrollment applications which clearly set forth *748 the 30-day provision.

S. Crawford v. The Com. of PA - 562 M.D. 202

Commonwealth Court of Pennsylvania · May 26, 2022

To be “identifiable,” the class must have clearly defined outer boundaries or membership criteria. … At bottom, the above recitation of the case law clearly establishes that a state cannot be found to have violated the state-created danger doctrine by enacting a statute and/or policy that is generally applicable, even if

M. Cook v. Wolf, Governor of PA

Commonwealth Court of Pennsylvania · May 13, 2020

Cook argues he is entitled to relief on the basis that Section 1102(a)-(b) of the Crimes Code,1 which establishes the sentences for murder of the first and second degree, is unconstitutionally vague and unenforceable. … Article III, Section 3 provides that “[n]o bill shall be passed containing more than one subject, which shall be clearly expressed in its title, except a general appropriation bill or a bill codifying or compiling the law

In Re Nomination Petition of Cooper

163 Pa. Commw. 430 · Commonwealth Court of Pennsylvania · May 31, 1994

We held that maintaining a room in a house and sometimes sleeping there does not establish domicile. Id. … Section 12 of the Code, 25 P.S. § 2868, states: Each signer of a nomination petition shall ... declare therein that he is a qualified elector of ... the political district therein named....

N.L. Custer v. BPOA

Commonwealth Court of Pennsylvania · Oct 29, 2020

“Preliminary objections in the nature of a demurrer should be sustained only where the pleadings 7 are clearly insufficient to establish a right to relief; any doubt must be … Mandamus is not available to establish legal rights but only to enforce rights that have been established. Id.

Ake v. Bureau of Professional & Occupational Affairs, State Board of Accountancy

974 A.2d 514 · Commonwealth Court of Pennsylvania · May 20, 2009

Assuming, arguendo, that rehabilitation is a relevant factor, and one that can be measured, the evidence of record establishes that Ake is rehabilitated. … The legislature has conferred on the Board the discretion to determine whether an individual is qualified to hold CPA credentials in this Commonwealth. Allen v.

Carlino East Brandywine, L.P. v. East Brandywine Twp. Appeal of: Brandywine Village Associates

Commonwealth Court of Pennsylvania · Jul 11, 2023

Therefore, neither one qualifies as an adjudication from which an appeal could be taken. … Common Pleas therefore clearly viewed the Emergency Petition through the lens of the six-part preliminary injunction test, not the one applicable to permanent injunctions.

Babich v. Workers' Compensation Appeal Board

922 A.2d 57 · Commonwealth Court of Pennsylvania · Apr 12, 2007

I think that he clearly had a psychiatric reaction to those events, which I think a lot of people would have had." (Reproduced Record at 151a.) (Emphasis added.) Dr. … Even horrific rare diseases, including those unknown to modern medicine, would not qualify as abnormal because they could occur at a medical facility.

M. McAnally v. PennDOT

Commonwealth Court of Pennsylvania · Jun 6, 2016

Under these circumstances, McAnally asserted that he qualified as a displaced person notwithstanding whether the sublease and lease were terminated. … Common pleas concluded that “the record clearly established . . . that [McAnally] did not lawfully occupy the displacement property” because “the lease between [Owner] and . . .

Fernandez v. Tax Claim Bureau of Northampton County

925 A.2d 207 · Commonwealth Court of Pennsylvania · May 31, 2007

The Bureau has the burden of establishing that it has complied with the reasonable efforts requirements of Section 607.1 and the notice requirements of Section 602. Rice v. … In addition, checking the telephone book seems to qualify as an ordinary common sense business practice when one is seeking to obtain an address.