Case law

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.

Griffiths v. Workers' Compensation Appeal Board

861 A.2d 424 · Commonwealth Court of Pennsylvania · Nov 10, 2004

The referee [6] determined that the van did not qualify as an "orthopedic appliance" under Section 306(f.1) of the Act and denied Petrilla's petition. The Board affirmed. Petrilla, 692 A.2d at 624 . … In this regard, I would note that Employer clearly is not prejudiced by the result I would reach here.

J. Baney v. M. Fisher

Commonwealth Court of Pennsylvania · Aug 26, 2020

(b) Waiver of sovereign immunity. … —To the extent that the Commonwealth and any of its officers, officials or employees would be shielded from liability under this section by the doctrine of sovereign immunity, such immunity

S. Sheppleman v. City of Chester Aggregated Pension Fund

Commonwealth Court of Pennsylvania · Dec 29, 2021

Whether the officer qualified for this added benefit hinged on when his disability became permanent. … Upon review, the evidence does not establish a past practice of calculating the pension benefit from the date of retirement, as opposed to the date of injury.

Dexereux Foundation v. Chester County IU No. 24

Commonwealth Court of Pennsylvania · May 28, 2015

Following administration of the assessments and other evaluation measures, an individualized education program (IEP) team determines whether a child has a qualifying disability. 34 C.F.R. § 300.306(a)(1). … phrase “only after” clearly and unambiguously establishes such a condition precedent. 653 F.3d 175 (3d Cir. 2011).

Commonwealth v. Hush-Tone Industries, Inc.

4 Pa. Commw. 1 · Commonwealth Court of Pennsylvania · Dec 22, 1971

Audiologists are highly trained scientists qualified to carry out complicated and technical tests and to diagnose and study the various types of auditory disabilities. … The Commonwealth’s well qualified witnesses were competent although they did not and would not use the device in their own practices.

Kise v. Department of Military & Veterans Affairs

784 A.2d 253 · Commonwealth Court of Pennsylvania · Sep 28, 2001

Agency Law, there must first be an adjudication by a State agency. 8 An adjudication is defined as: Any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities … The language clearly states that the “factors may be considered.” . This requirement is excused if "the reason for release would not require such action.” N.G.R. 600-5, ch. 6-5.a(1).

L.N. Saray v. UCBR

Commonwealth Court of Pennsylvania · Mar 16, 2026

“‘It is well established that the failure to timely appeal an administrative agency’s action is a jurisdictional defect. … 6 established that she attempted to file an appeal, but unforeseeable and unavoidable events precluded her from actually doing so.”

Whitehall Manor, Inc. v. Planning Commission

79 A.3d 720 · Commonwealth Court of Pennsylvania · Oct 30, 2013

Plan approval, without significant public input, was clearly a fait-accompli Objectors assert the development of the arena will generate traffic congestion in an area with an already insufficient traffic network adversely … Objectors assert the project qualifies as a “Land Development” and Applicant is the “Developer.” Sections 1373.02(14), (26) of the SALDO.

Chester Community Charter School v. Com. of PA, Dept. of Ed

Commonwealth Court of Pennsylvania · Jul 3, 2024

In its Answer to the PFR, the Commonwealth denied the legal conclusions therein and asserted the affirmative defenses of res judicata/collateral estoppel, equitable estoppel, laches, waiver, and sovereign immunity. … Clearly, CCCS failed to exercise due diligence in pursuing the instant claims.

W. Alfaro & R. Alfaro v. Upper Makefield Twp. ZHB

Commonwealth Court of Pennsylvania · Jun 30, 2025

Ordinance § 803.H-15.1.b.(4), which provides: “Agricultural sales of farm products use is strictly an accessory use which shall be clearly subordinate to principal uses A-1 [Agriculture and Horticulture … Again, the record clearly demonstrates that Appellants’ use of the Property goes way beyond that of simply a livestock farm as they: invite the public onto the Property for an admission fee; charge additional fees to interact

Commonwealth, Office of Open Records v. Center Township

95 A.3d 354 · Commonwealth Court of Pennsylvania · Jun 24, 2014

that the documents were protected by the attorney-client privilege; because the requested documents fell within the attorney-client privilege, this Court deemed it unnecessary to decide whether they also qualified as attorney … The decision shall clearly and concisely explain the rationale for the decision.

PA-American Water Co. v. PA PUC

Commonwealth Court of Pennsylvania · May 28, 2026

The Commission granted Aqua’s application on the basis that Aqua had established that the prospective affirmative public benefits of the transaction outweighed its potential harms. Id. at 1115. … insignificant degree upon our since- overruled articulation of which elements may constitute substantial affirmative public benefits in a Section 1329 transaction, as well as our inaccurate assessment of which elements may qualify

Dep't of Pub. Welfare v. Gant

142 A.3d 964 · Commonwealth Court of Pennsylvania · Jun 29, 2016

Family members may qualify to participate in a recipient’s care under the Agency-Directed Model. … This is clearly her right.

Downs Racing, L.P. v. Luzerne County

Commonwealth Court of Pennsylvania · Feb 3, 2026

Summary judgment is only proper when there is no genuine issue of material fact and “‘the moving party is clearly entitled to judgment as a matter of law.’” Carpenter, 295 A.3d at 29 n.5 [quoting Pyeritz v. … As the trial court recognized, while it is well-established “that consideration does not need to take the form of a cash exchange, it does require a ‘quid pro quo.’” Trial Ct.

Marshall v. Commonwealth

41 A.3d 67 · Commonwealth Court of Pennsylvania · Jan 3, 2012

Because of this obligation, the loan proceeds do not qualify as income to the taxpayer.. When he fulfills the obligation, the repayment of the loan likewise has no effect on his tax liability. … It is well-established that tax legislation is presumed to be constitutionally valid and will not be declared unconstitutional unless it "clearly, palpably, and plainly violates the Constitution.” Free Speech, LLC v.

Robinson Township v. Commonwealth

52 A.3d 463 · Commonwealth Court of Pennsylvania · Jul 26, 2012

On the contrary, we believe that such a determination clearly is within the statutory authority not of the DER but of the various boroughs, townships, counties, and cities of the Commonwealth pursuant to a long series of … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

J.E. Kelly v. UCBR

Commonwealth Court of Pennsylvania · May 27, 2022

the issues as Claimant’s “[e]ligibility to qualify for and receive [UC benefits] as detailed by” the specific relevant sections of the Law. … See 43 P.S. § 753(l)(2)(B)[(b)] (requiring a putative employer to establish that an individual “is customarily engaged in an independently established trade, occupation, profession or

V.A. Pelino v. Captain Kennedy & T. Shawley

Commonwealth Court of Pennsylvania · Nov 2, 2023

Petitioner’s averments therefore clearly satisfy Section 1983’s personal involvement prerequisite. 5  In the second portion, Respondents argue that, even assuming that … An inmate can successfully establish a viable First Amendment-based retaliation claim at this stage of litigation by pleading facts in their lawsuit that facially establish that “[(1) they] engaged in constitutionally protected

H. Trotman v. Chester County Intermediate Unit (PA Dept. of Ed.)

Commonwealth Court of Pennsylvania · Nov 4, 2025

CCIU argues that the factors relied upon by the Secretary were proper for determining whether Trotman qualified as a professional employee under the School Code. … Based upon these findings, the Secretary found that the record did not support a conclusion that Trotman devoted more than 50% of her time to direct educational activities. 9 While the Secretary only clearly states