Case law

Riverside SD v. Riverside Educational Support Personnel Ass'n ESP-PSEA-NEA

Commonwealth Court of Pennsylvania · Oct 9, 2020

When equally qualified individuals are both bargaining unit members, the individuals with the greater seniority shall be selected. CBA at 23-24, R.R. at 40a-41a. … As our Supreme Court has explained: the existence in a contract of a broad integration clause, if it means anything, does clearly negate the notion that the parties meant to include

M. Pendleton v. R. Todd

Commonwealth Court of Pennsylvania · Sep 14, 2016

established federal law as announced by the United States Supreme Court. . . . … and quasi- judicial immunity claims. 9  IN THE COMMONWEALTH COURT OF PENNSYLVANIA Michael J.

R.E. Ihlein v. UCBR

Commonwealth Court of Pennsylvania · May 8, 2018

Thus, to be eligible for benefits, the employee must be engaged in employment that pays qualifying wages as defined by the Law. … The charter provided that the water commissioner served at “the pleasure of the appointing power and until a successor is qualified.” Id.

Hoffman v. Borough of Macungie

63 A.3d 461 · Commonwealth Court of Pennsylvania · Jan 3, 2013

[if the Civil Service Commission determines the nominee is qualified], he may then be appointed to such position.... … Here, there is clearly a legal dispute between Mayor Hoffman and Borough Council.

League of Women Voters of PA & L. Haw v. K. Boockvar, the Acting Secretary of the Com.

Commonwealth Court of Pennsylvania · Jan 7, 2021

This theory thus strikes me as inconsistent with our precedent, in that it would render the Proposed Amendment effectively immune from challenge. … (finding that ballot question “clearly conveyed the proposed constitutional amendment to the electorate”).

K.L. Burley, Jr. v. J. Hilton

Commonwealth Court of Pennsylvania · Jun 30, 2022

established against the defendants. … Similarly, whether immunity applies is a question of law subject to our de novo review. Brown v. Wetzel, 179 A.3d 1161, 1164 n.2 (Pa. Cmwlth. 2018) (quoting Minor v. Kraynak, 155 A.3d 114, 121 (Pa.

T.J. George v. UCBR

Commonwealth Court of Pennsylvania · Apr 13, 2020

now petitions this Court for review.7 Analysis On appeal, Claimant asserts that the Board “capriciously disregarded” Claimant’s “uncontradicted evidence[,] . . . which clearly … see 20 C.F.R. § 616.1 (stating that under an interstate arrangement, “an unemployed worker with covered employment or wages in more than one [s]tate may combine all such employment and wages in one [s]tate, in order to qualify

D.P. Kissane v. Twp. Council of the Town of McCandless v. Wal-Mart Real Estate Business Trust

Commonwealth Court of Pennsylvania · Feb 18, 2016

It did so by establishing a clearly documented difference between its expected parking needs and the parking spaces required by the Zoning Code. … Consequently, Objectors maintain Walmart’s parking needs analysis is arbitrary at best and cannot establish a clearly documented difference between Walmart’s parking needs and the requirements of the Zoning Code.

R.B. McNew v. E. Marlborough Twp. & E. Marlborough Twp. Bd. of Supers.

Commonwealth Court of Pennsylvania · Jun 18, 2026

Ordinance] Section 1821.E.1.d.[] [a]llows an applicant to combine the requisite existing features plan with the requisite logging plan, provided all required information for each plan is clearly … Therefore, tree removal for purposes of land development does not qualify as forestry or timber harvesting under the MPC in the first instance.

C. & K. Keller v. DHS

Commonwealth Court of Pennsylvania · Oct 10, 2019

Because, if he says it’s incorrect, then clearly that signature is worthless on the back. … Viewing the totality of the evidence, the Department argues there is more than substantial evidence that the Kellers failed to qualify as a foster family resource.

S. Campbell v. PA Interscholastic Athletic Assoc. (OOR)

Commonwealth Court of Pennsylvania · Nov 30, 2021

In pursuing this analysis, we remain cognizant that a duly enacted statute is presumed valid and will not be declared unconstitutional unless it “clearly, palpably[,] and plainly violates the Constitution.” … Therefore, as PIAA undertakes state action and is funded primarily by public school districts, id., the General Assembly’s classification of PIAA as a “state- affiliated entity” for the purpose of qualifying as an agency

A.D. Ferguson v. PA DOC, Secy's Office of Inmate Grievances & Appeals

Commonwealth Court of Pennsylvania · Nov 30, 2023

as the Board of Claims Act; and (v) actions or proceedings in the nature of trespass as to which the Commonwealth government formerly enjoyed sovereign or other immunity … RCJ - 3 to argue the jurisdictional issue, or provide the plaintiff with the opportunity to discover the facts necessary to establish jurisdiction.”

Equitable Life Assurance Society of the United States v. Murphy

153 Pa. Commw. 338 · Commonwealth Court of Pennsylvania · Feb 5, 1993

Appellants offer no evidence establishing that the City purposely failed to collect tax from any taxpayer who filed a certificate of transfer. … Philadelphia clearly has authority to tax transfers of real estate within its jurisdiction.

Com. of PA v. R. Jannini

Commonwealth Court of Pennsylvania · Aug 13, 2019

s questioning about selective prosecution, that he has cited seven or eight properties over the summer and the only property, for which a citation has not been issued, is the property owned by the municipality, which is immune … When the trial court asked whether Appellant was making the argument that the Pokeweed is ornamental, Appellant stated “I never said [Pokeweed] was ornamental[,]” and later the trial court stated that “clearly” “[Pokeweed

Com. Ex Rel. Gallas v. Plrb

161 Pa. Commw. 97 · Commonwealth Court of Pennsylvania · Dec 30, 1993

[N.T. 66, 67] This testimony clearly establishes that individual judges are selected to participate on committees which formulate labor policy. … The Supreme Court of Pennsylvania has quite clearly stated in Pennsylvania Labor Relations Board v.

Department of General Services v. Pittsburgh Building Co.

920 A.2d 973 · Commonwealth Court of Pennsylvania · Apr 5, 2007

Although DGS relies on Branna to support its argument, the facts in Branna are clearly different. … Citing, among other things, the August 1999 memo and the Board’s finding of constructive fraud, PBC asserts that the record clearly establishes the arbitrary and vexatious conduct by DGS.

In Re: Condemnation by the Redevelopment Authority of the City of York Appropriating in Fee Simple Certain Lands of J.E. and J.E. Gearhart

Commonwealth Court of Pennsylvania · Mar 13, 2018

The Authority notes that there was no argument that the prison building was structurally unsound, and it was established at trial that the building was in fact structurally sound. … While the Authority was clearly in disagreement with the jury verdict of $1,250,000, this fair market value was in line with the opinion of Condemnees’ qualified valuation expert.

M. Rokita, Jr. v. The PA DOC

Commonwealth Court of Pennsylvania · Aug 20, 2024

Rokita suffers from a substance use disorder and had qualified for treatment. While in the medical department on September 13, 2022, he was given a drug test, which was inconclusive. … To maintain a due process challenge, a party must initially establish the deprivation of a protected liberty or property interest.

Office of General Counsel v. B. Bumsted & LNP Media Group, Inc.

Commonwealth Court of Pennsylvania · Feb 23, 2021

The foregoing clearly establishes that the General Assembly distinguishes between public officials and employees of Commonwealth agencies in the RTKL. … Moreover, the scope of the request does not include any memoranda that contains recommendations of one applicant being more qualified than another.

D. Kintner & M. Kintner v. ZHB of Smithfield Twp. ~ Appeal of: Twp. of Smithfield

Commonwealth Court of Pennsylvania · Jan 14, 2019

It is the burden of the party proposing the existence of such nonconforming use to establish both its existence and legality before the enactment of the ordinance at issue. … It clearly is not.