Case law

Fraternal Order of Police Lodge No. 5 v. The City of Philadelphia

Commonwealth Court of Pennsylvania · Sep 26, 2025

In sum, the FOP has satisfied the five elements of the taxpayer standing analysis and, therefore, qualifies for taxpayer standing. … It is unfair of the Court to ignore a claim by a litigant aimed at a clearly preempted ordinance.

Save Carbon County v. Com. of PA

Commonwealth Court of Pennsylvania · Oct 30, 2025

. §8704-J,4 DEP is responsible for verifying if a company qualifies for waste coal tax credits based on its electricity generation. Id. at ¶142. … Respondents’ Preliminary Objections The Commonwealth Respondents raise five preliminary objections including: (1) sovereign immunity; (2) that Governor Shapiro is an improper party to the action; (3) failure

IMC Construction v. The Port of Philadelphia a/k/a PhilaPort -516 C.D. 2020

Commonwealth Court of Pennsylvania · Dec 4, 2020

IMC is clearly seeking credit for the value of materials and supplies manufactured by third parties. … This is clearly a subset of all ‘Work’ as defined by the General Conditions of the Contract.

S. Tufano v. T.L. Clause, P.C. (WCAB)

Commonwealth Court of Pennsylvania · May 13, 2022

C.S. § 1926 (“No statute shall be construed to be retroactive unless clearly and manifestly so intended by the General Assembly.”). … Section 306(a.3) of the Act merely established a mechanism for Employer to seek modification of Claimant’s disability benefits in the future.

In The Matter of the Nomination Papers of M. Mlinarich Appeal of: S. Butler

Commonwealth Court of Pennsylvania · Sep 17, 2021

Berks County Board of Elections, 884 A.2d 867 (Pa. 2005), where the candidate was involuntarily removed from the primary ballot and the Court held that the candidate still qualified as a primary candidate because he intended … Further, our Supreme Court has clearly indicated that reliance on official interpretations does not excuse a failure to comply with express provisions of the Election Code.

B.J. Snow v. PSP

Commonwealth Court of Pennsylvania · Apr 27, 2016

Further, Petitioner alleges that his required guilty plea colloquy and Sentencing Order “listed Petitioner as qualifying for a ten (10) year registration only.” (Petition for Review ¶¶ 7-8.) … breach of contract because the PSP is not a party to the plea agreement between Petitioner and the Commonwealth; and (2) assuming that the PSP is a party to the plea agreement, a claim against the PSP is barred by sovereign immunity

M. Thiam t/d/b/a Rama Hair Braiding Salon v. BPOA, State Bd. of Cosmetology

Commonwealth Court of Pennsylvania · Jul 25, 2023

A licensing requirement clearly bears a rational relation to that interest. … Thus, the record fails to establish that Ms. Thiam’s New York certification was insufficient to qualify her to seek a natural hair braiding license in Pennsylvania. Ms.

Jennersville Hospital, LLC v. County of Chester Board of Assessment Appeals

Commonwealth Court of Pennsylvania · Feb 10, 2023

The trial court found that the percentage of uncompensated care provided by Hospital was “clearly not substantial.” Trial Ct. Op. at 29. … The trial court similarly found Hospital failed to establish that its bad debt write-offs constituted gratuitous donations of care for tax exemption purposes.

D.D. Prall v. UCBR

Commonwealth Court of Pennsylvania · Jan 6, 2021

Cmwlth. 2014) (stating that this Court “must defer to the Board’s interpretation of its own regulation unless it is clearly erroneous”). … Code § 61.3(a)(2), Claimant did not establish that there was a delay in Employer’s July 5, 2019 payment.

S.S. Osgood v. PSERB

Commonwealth Court of Pennsylvania · Oct 30, 2015

Under Act 2001-9, the window during which qualified members of PSERS could elect multiple service membership was between July 1, 2001, the effective date of Act 2001-9, and December 31, 2003. … The Summary of Legislation clearly stated that the opportunity to elect multiple service membership would be expanded by the new law, and that current PSERS members who had not already elected multiple service membership

County of Chester v. L. Zambrana (WCAB)

Commonwealth Court of Pennsylvania · Jun 30, 2025

Decedent had been at high risk due to compromised immunity from myasthenia gravis, morbid obesity, diabetes, and older age. Id. at 330. Dr. … Rather than establishing a substantially greater incidence of COVID in prison work environments, Dr. Avetian’s testimony established only a greater risk of the disease.

D.N. Hommrich v. Com. of PA, PA PUC

Commonwealth Court of Pennsylvania · Mar 1, 2024

Hommrich seeks a declaratory judgment that establishes: A. … This Court’s prior determination in Hommrich I established that Hommrich has standing to bring his statutory construction claims.

A. Sabatini v. ZHB of Fayette County, PA

Commonwealth Court of Pennsylvania · Apr 24, 2020

he was not engaged in commercial agriculture pursuant to Article I §1000-108 of the Ordinance because there is no definition of livestock in the Pennsylvania Municipalities Planning Code or the Ordinance; chickens do not qualify … The placement of the phrase “commercial production and preparation” in the same sentence as livestock and livestock products clearly reveals the intended meaning of agriculture to be, in other words, the commercial production

EQUITABLE LIFE ASSUR. SOC. 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.

E. Jackson, Administrator of the Estate of F. Jackson v. City of Phila. and Fairmount Long Term Care

Commonwealth Court of Pennsylvania · Jul 13, 2016

The trial court sustained the City’s preliminary objections and dismissed the counts against the City because it is immune from suit under Section 8541 of the statute frequently referred to as the Political Subdivision Tort … An abuse of discretion by the trial court is defined as manifest unreasonableness, partiality, prejudice, bias, ill-will, or such lack of support as to be clearly erroneous. Snyderman v.

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

794 A.2d 919 · Commonwealth Court of Pennsylvania · Mar 18, 2002

Illegitimate children could qualify for benefits even though they were neither members of the decedent's household nor supported by the decedent. … Shaffer, 511 Pa. 421 , 515 A.2d 527 (1986)). [8] Employer's assertion that the clear and convincing evidence standard always must apply to determinations of paternity is clearly mistaken.

In re: Appeal of Gressen Properties, LLC ~ From Decision of City of Philadelphia Commission on Human Relations ~ Appeal of: C. Leidig

Commonwealth Court of Pennsylvania · May 9, 2024

a discrimination claim, Appellant did establish a claim for two counts of retaliation. … [Appellant] did establish a retaliation claim under [the] PFPO.

R. Pruzinsky v. WCAB (Mercy Catholic Medical Center of Southeastern PA)

Commonwealth Court of Pennsylvania · Mar 9, 2016

Blumenthal later qualified her response by stating that she was not sure if Claimant could have worked during that time period and that returning to work could have exacerbated her already severe … All parties to an adjudicatory proceeding are entitled to a reasoned decision containing findings of fact and conclusions of law based upon the evidence as a whole which clearly

West Penn Power Co. v. Pennsylvania Public Utility Commission

150 Pa. Commw. 349 · Commonwealth Court of Pennsylvania · Sep 3, 1992

History In October 1987, Mon Valley entered into an electric energy purchase agreement (EEPA) with West Penn for energy to be produced at the Shannopin Mine Project, a proposed qualifying cogeneration facility (QF) under … In the course of denying the commission's petition for reargument in Milesburg I, this court held that because the case presented questions of first impression, the resolution of which could not have been clearly foreshadowed

D. Mohn v. Bucks County Republican Committee ~ Appeal of: D. Mohn

Commonwealth Court of Pennsylvania · Mar 6, 2020

However, this (Footnote continued on next page…) 10 (continued…) intervention is qualified. … The unrebutted evidence presented at the Executive Committee hearing clearly establishes that Mohn “neglect[ed] or refus[ed] to attend to the duties of his . . . office” by being present at polling places during the April