Case law

Latrobe Area Hospital v. Westmoreland County Board of Assessment Appeals ~ Appeal of: Westmoreland County Board of Assessment Appeals

Commonwealth Court of Pennsylvania · Jul 19, 2019

Had the General Assembly intended the exemption to apply to all property owned by hospitals, it would have clearly stated as much. … The right to a tax exemption must be clearly established. In re Winchester Group, 687 A.2d 52, 55 (Pa. Cmwlth. 1996).

Donald J. Trump for President, Inc. v. Philadelphia County Bd. of Elections

Commonwealth Court of Pennsylvania · Oct 23, 2020

The Election Code clearly prohibits such interaction on Election Day while voting is occurring. … And all across America, news reports in Philadelphia and elsewhere have clearly conveyed that multi-millions of electors have already voted.

Lazer Spot, Inc. v. PHRC

Commonwealth Court of Pennsylvania · Feb 2, 2018

In order to make out a prima facie case of disability discrimination under the ADA and PHRA, a plaintiff must establish that s/he (1) has a ‘disability,’ (2) is a ‘qualified individual … Clearly, this language is not mandatory requiring cross-training.

Findlay Twp. v. WCAB (Steele)

Commonwealth Court of Pennsylvania · Jan 7, 2021

Singer was not qualified to interpret the studies that he reviewed or engage in a meaningful review of the literature involving firefighters and occupational exposures. Dr. … The Supreme Court stated: In this regard, epidemiological evidence is clearly relevant and useful in demonstrating general causation.

Com. of PA ex rel. A.J. Watson, DA v. K.N. Crosby

Commonwealth Court of Pennsylvania · Jul 18, 2023

The Commonwealth argues common pleas committed no error of law in granting judgment on the pleadings because precedent establishes a conviction “of a felony in . . . … The Supreme Court clearly distinguished the treatment of extra-jurisdictional felony convictions from in-state felony convictions.

Lycoming County v. Pennsylvania Labor Relations Board

943 A.2d 333 · Commonwealth Court of Pennsylvania · Feb 26, 2008

In that case, through collective bargaining, the City of Philadelphia agreed to pay disability benefits to its employees who were or became eligible as a result of a qualifying service-related injury. … A contingency is an account that’s established by the commissioners to cover unexpected expenditures through the course of the year. Q. Okay.

Protect Elizabeth Twp. v. Elizabeth Twp.

Commonwealth Court of Pennsylvania · Jun 13, 2025

“However, we will not defer to a zoning hearing board’s interpretation where such interpretation is ‘clearly erroneous,’ and generally, a board’s failure to heed the plain text of the ordinance amounts to legal error which … The Board reasoned that to qualify as a “principal structure,” the Pads must be a “building structure.” (Id.)

Housing Authority of Lackawanna County v. D. Schnars

Commonwealth Court of Pennsylvania · Feb 5, 2025

Clearly, it was Tenant’s uncooperative behavior that prevented the situation from being remedied. … Tenant contends that “[a]t the time of trial, [the Housing Authority] had everything it needed to determine whether Tenant qualified for federally subsidized housing.” Tenant’s Brief at 31.

In Re: Appeal of the Gun Range, LLC ~ Appeal of: The Gun Range, LLC

Commonwealth Court of Pennsylvania · Feb 27, 2024

To establish standing, a person must show that they are adversely affected and aggrieved by the matter they seek to challenge. See, e.g., Fumo v. … For example, in DeYoung, a qualified elector filed a petition objecting to the statement of financial interests attached to the nomination petition of a candidate for state-level office. See id. at 1166.

In Re: Appeal of S. Nirmalananda ~ Appeal of: Downingtown Area School District

Commonwealth Court of Pennsylvania · Feb 25, 2020

As such, it does not qualify for an exemption. Id. at 38-39 (emphasis in original). … order to qualify for the exemption.

Peer Associates LLC v. DHS

Commonwealth Court of Pennsylvania · Jun 16, 2023

The burden of establishing agency rests upon the party asserting it. Scott, 415 A.2d at 60, n.8. … Thus, although the Department clearly maintained management and oversight responsibilities over the criteria for CCBH’s required Provider Network, we 14 are not convinced that

Com. v. ADB

752 A.2d 438 · Commonwealth Court of Pennsylvania · Apr 28, 2000

Further, there was not even an attempt to qualify the prosecution's witnesses, Conservation Officer Tarkowski and/or Trooper Collins, or any other, as expert witnesses to provide testimony or other evidence that a flashlight … Specifically, the Commonwealth eyewitness testimony established that appellant and the victim was traveling between twenty-five and thirty miles per hour.

Delaware Riverkeeper Network v. PA DEP

Commonwealth Court of Pennsylvania · Jan 12, 2021

(b) [DEP] to establish compliance procedures. … In support of this argument, the Agencies emphasize that Section 4(a) of the Act, which affirmatively requires the EQB (not DEP) to establish MCLs for some pollutants, clearly makes establishing an MCL for PFAS discretionary

Hickory Hill Group II, LLC v. East Nottingham Twp.

Commonwealth Court of Pennsylvania · Jun 27, 2025

A prescriptive easement has been established. .... … Accordingly, the Township has established that the Disputed Area is a public road under the Second Class Township Code.

F. Jordan v. Lost Forest Dev., LLC (WCAB)

Commonwealth Court of Pennsylvania · Aug 19, 2025

Here, the claim petition named Lace Building, Scranton Lace, and SCE, and it contained factual allegations sufficient to establish their liability as statutory employer. … At this point, it has not been established that SWIF gave advance written notice to Employer in accordance with the policy provisions or the statute.

M. Wei v. SCSC (Dept. of Health)

Commonwealth Court of Pennsylvania · Sep 1, 2017

No. 263 C.D. 2015, filed September 18, 2015) (Wei II), establish the following history of this dispute. … Wei worked as an epidemiologist and was the data manager for the Pennsylvania Department of Health’s (Department) human immunodeficiency virus and acquired immune deficiency syndrome (HIV/AIDS) epidemiology team.

M. Wei v. SCSC (Dept. of Health)

Commonwealth Court of Pennsylvania · Sep 1, 2017

No. 263 C.D. 2015, filed September 18, 2015) (Wei II), establish the following history of this dispute. … Wei worked as an epidemiologist and was the data manager for the Pennsylvania Department of Health’s (Department) human immunodeficiency virus and acquired immune deficiency syndrome (HIV/AIDS) epidemiology team.

Schindler Elevator Corp. v. Dept. of L&I

Commonwealth Court of Pennsylvania · Oct 18, 2023

Board is established and shall consist of the members as provided in this section. … “Pennsylvania courts have consistently respected that administrative agencies comprised of persons presumably selected for their specialized experience and expertise are better qualified

Kalkreuth Roofing & Sheet Metal, Inc. v. W. Jefferson Hills S.D. ~ Appeal of: Gito, Inc. d/b/a Nello Construction Co.

Commonwealth Court of Pennsylvania · Dec 22, 2023

Even if the agreement has not been reduced to writing, it is still an enforceable agreement if all the essential terms have been established. … First, the trial court’s order enforcing the Settlement Agreement clearly 7 is separate from and collateral to the underlying breach of contract claims among the parties.

J. Wade v. PBPP

Commonwealth Court of Pennsylvania · May 8, 2018

This does not qualify as a valid request for administrative relief. … Nor does Petitioner’s remaining Eighth Amendment-based claim establish a basis for attacking the Board’s decision.