Case law

R.M. Collazo v. Mount Airy 1, LLC

Commonwealth Court of Pennsylvania · Sep 10, 2015

Preliminary objections in the nature of a demurrer should be sustained only where the pleadings are clearly insufficient to establish a right to relief; any doubt must be resolved in favor of overruling the demurrer. … Airy did not “affect Collazo’s ‘personal or property rights, privileges immunities, duties, liabilities or obligations.’” Collazo v. Pa. Gaming Control Bd. (Pa.

Laurel Road HOA, Inc. v. W.E. Freas and N. Freas

191 A.3d 938 · Commonwealth Court of Pennsylvania · Jul 26, 2018

Following a bench trial, the trial court concluded that Count II failed as a matter of law because Ridings at Newlin qualified as a “small planned community” under section 5102(a)(1) of the UPCA; therefore, only certain delineated … This provision clearly contemplates, and the language provides, that the levying of the assessment will be in conjunction with the sale of each property to a third party, not upon

L. Cognata & A. Cognata v. Municipality of Norristown ~ Appeal of: Municipality of Norristown & Norristown Municipal Council

Commonwealth Court of Pennsylvania · Jul 23, 2019

Second, Landowners failed to establish that their right to relief was clear. … The purpose of a writ of mandamus “is to enforce legal rights already clearly established,” not to establish legal rights that did not previously exist. Tindell v. Dep’t of Corr., 87 A.3d 1029, 1034 (Pa.

Com. v. TAP PHARMACEUTICAL PRODUCTS, INC.

36 A.3d 1112 · Commonwealth Court of Pennsylvania · Aug 31, 2011

Department of Aging/PACE PACE provides a comprehensive prescription drug benefit to qualified, older Pennsylvania residents. Id. at 2060-61 . … The trial judge concluded that the fact of loss was clearly established. Therefore, the best manner of computing loss was a matter properly reserved to the discretion of the fact-finder.

Penncrest S.D. v. T. Cagle

Commonwealth Court of Pennsylvania · Apr 24, 2023

In other words, case law does not clearly differentiate “between public officials’ governmental and personal activities.” Id. (emphasis omitted). … Alternatively, assume an agency official acted without authorization and posted a qualifying post on the agency’s social media account.

T. Mutchler v. PA PUC (OOR)

Commonwealth Court of Pennsylvania · Apr 6, 2026

Issues8 Requester presents three questions for our review: (1) whether the OOR erred in concluding that withheld draft documents and emails qualify as internal, predecisional deliberations; (2) whether the OOR … As to the “predecisional” requirement, Vice Chair Burrow’s statement concerning a particular Section 1329 Acquisition Application pending before the PUC clearly constitutes a “decision” of the PUC Commissioners in its most

Eastern Univ. Academy Charter Sch. v. SD of Philadelphia

Commonwealth Court of Pennsylvania · Jul 10, 2020

Clearly, the university thought that offering additional courses to students free of charge was not economically feasible. (R.R. at 2758.) … The record also established that out of 54 Academy graduates in 2013, only 9 satisfied the requirement of passing at least 1 college course. Of 48 graduates in 2014, only 10 satisfied the requirement.

Foster v. Colonial Assurance Co.

668 A.2d 174 · Commonwealth Court of Pennsylvania · Jul 14, 1995

Spanno’s] business of selling Appraisal Assets is terminated, all rights and obligations of [Spanno] to liquidate or dispose of Appraisal Assets pursuant to the terms of the Agreement, shall be assumed by the Company and/or qualified … Thus the language of the Policy and the Agreements of Appraisal & Sale clearly establish that Colonial’s liability arises only after the Helicopters are sold pursuant to the terms of the agreements.

Stillwater Lakes Civic Assoc., Inc. & Stillwater Sewer Corp. v. G. Kuzni

Commonwealth Court of Pennsylvania · Feb 5, 2020

Specifically, Owner asserts that genuine issues of material fact exist with respect to: (1) whether, under the Act and in light of the deed covenants, the community qualifies as a planned community and the Association qualifies … We determined that an entity such as the trust need not meet the formal requirements of Section 5301 of the Act11 to qualify as an “association.”

The Pennsylvania State University/The PMA Insurance Group v. WCAB (Bachman)

Commonwealth Court of Pennsylvania · Jan 6, 2016

The reasoned decision requirement provides that a WCJ shall file a “reasoned decision, containing findings of fact and conclusions of law based upon the evidence as a whole which clearly and concisely states and explains … Naidu, the WCJ found him to be more qualified than the two IME doctors and noted as follows: “[Dr.

J. G. v. DHS

Commonwealth Court of Pennsylvania · Apr 23, 2019

Here, ALJ Nause noted that in this multi-caregiver case, Mother qualified as a perpetrator because she is Child’s biological mother. … Therefore, the undersigned finds the evidence clearly supports that [Child] was physically abused. ALJ’s Adj. at 15.

J. G. v. DHS

Commonwealth Court of Pennsylvania · Apr 23, 2019

Here, ALJ Nause noted that in this multi-caregiver case, Mother qualified as a perpetrator because she is Child’s biological mother. … Therefore, the undersigned finds the evidence clearly supports that [Child] was physically abused. ALJ’s Adj. at 15.

430 Stump Road, LLP v. Com. of PA

Commonwealth Court of Pennsylvania · May 15, 2025

Code will not be disregarded unless clearly inconsistent with the [Tax] Code and that a taxpayer has a heavy burden of establishing that the regulations are clearly erroneous.”), aff’d, 819 A.2d 528 (Pa. 2003). … The Majority finds that this provision clearly establishes that the transfer in this case is not subject to the realty transfer tax because it is a transfer from a trustee of a living trust after the death of the settlor

Gmerek v. State Ethics Commission

751 A.2d 1241 · Commonwealth Court of Pennsylvania · May 18, 2000

Clearly appellant’s status as an attorney does not bar the Commission from investigating allegations that appellant engaged in conduct proscribed by the Ethics Act. … These early English statutes illustrate that a licensed bar subject to the supervision of the courts originated with a public demand for the exclusion of those who assumed to practice without being qualified therefor.

Quality Driven Copack, Inc. v. Com.

Commonwealth Court of Pennsylvania · Dec 29, 2021

After Taxpayer establishes a program for a particular product, the staffing contractors and their supervisors perform the following: a. … The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Employe-A person who is paid for his work or services by a vendor,

C.M. Whitmoyer v. WCAB (Mountain Country Meats)

Commonwealth Court of Pennsylvania · Dec 1, 2016

Cmwlth. 1987), which established that an employer can waive its right to a credit for future compensation. … Clearly, a certain regularity is attached to the concept of "interval," something which may clearly apply to the term "future disability benefits," but is not so easily attached to "medical expenses," as they usually arise

Lil Shining Stars, Inc. v. Dep't of Human Servs.

140 A.3d 83 · Commonwealth Court of Pennsylvania · Jun 8, 2016

This section states that: For the purpose of determining the suitability of the applicants and of the premises or whether or not any premises in fact qualifies as a facility as defined … The party challenging the constitutionality of a statute bears the heavy burden of establishing that the statute clearly, palpably and plainly violates the Constitution, with any uncertainty being resolved in favor of its

W. Baker & L. Baker v. DHS

Commonwealth Court of Pennsylvania · May 2, 2022

. § 794, provides that an otherwise qualified individual may not be excluded from participating in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal funds. 7 … This Court reversed after concluding that the unchallenged testimony of B.B.’s counsel was sufficient to establish non-negligent reasons for the late appeal.

G.S. Flores v. UCBR

Commonwealth Court of Pennsylvania · Dec 9, 2024

February 10, 2022 and mailed to Claimant’s home address in Pennsylvania, the Pennsylvania Department of Labor and Industry, Office of Unemployment Compensation Service Benefits (Department) concluded that Claimant did not qualify … “The burden to establish the right to have an untimely appeal considered is a heavy one because the statutory time limit established for appeals is mandatory.” Hessou, 942 A.2d at 198.

Philadelphia v. Angelone

3 Pa. Commw. 119 · Commonwealth Court of Pennsylvania · Aug 13, 1971

This principle is so well-established, it needs no citation. … In this case, the City of Philadelphia clearly intended to discourage and eventually eliminate this nonconforming use by its retroactive application of its zoning amendment.