Case law

G. Thomas v. C/O J. Pyle

Commonwealth Court of Pennsylvania · Nov 20, 2018

As further explained by our Supreme Court: Our jurisprudence is clear and well-settled, and firmly establishes that: Rule 1925(b) sets out a simple bright-line rule, which obligates … paid, if it determines “the prison conditions litigation is frivolous or malicious or fails to state a claim upon which relief may be granted or the defendant is entitled to assert a valid affirmative defense, including immunity

R. Miller & M.L. Miller v. The Borough of Indian Lake

Commonwealth Court of Pennsylvania · Nov 16, 2021

Under Pennsylvania law, “[i]t is well established that in order for a party to be awarded a new trial, the moving party must demonstrate that it was prejudiced by the alleged error of the trial court.” Boyle v. … The Declaration clearly details that the purpose of the taking is “to acquire by condemnation flowage easements for occasional flooding necessitated by requirements of [DEP] to increase the size of the easements for the rise

P&R Beverage, Inc. v. PA LCB

Commonwealth Court of Pennsylvania · Aug 23, 2019

The Board shall take evidence to determine if P&R Beverages, Inc., holder of Distributor License D-3246 (LID No. 68121) is a licensed establishment within 200 feet, which would qualify [it] … was unlikely that Giant 6 It states, in relevant part, as follows: The term “licensee,” when used in this section, shall mean those persons licensed under the provisions of Article IV, unless the context clearly

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

Commonwealth Court of Pennsylvania · Feb 10, 2023

Hospital justified its compensation incentives by asserting that otherwise it could not attract and retain qualified executives. Trial Ct. … The trial court similarly found Hospital failed to establish that its bad debt write-offs constituted gratuitous donations of care for tax exemption purposes.

J.R. Redmond v. Bureau of Driver Licensing

Commonwealth Court of Pennsylvania · Oct 17, 2024

elements that the Bureau must meet to sustain Licensee’s driver’s license suspension: Licensee was arrested for drunken driving based on reasonable grounds to believe that she was driving under the influence, Trooper Oplinger clearly … Rua qualified his assessment by explaining that Licensee may have had respiratory distress from her previous bout of COVID and her continuing recovery therefrom that could have impaired her ability to activate the breathalyzer

Briar Hill North Association, Inc. v. J.K. Keil

Commonwealth Court of Pennsylvania · Jul 20, 2020

We determined that an entity such as the trust need not meet the formal requirements of Section 5301 of the Act to qualify as an “association.” … Kuzmack establishes that the Association can only collect a proportionate share of nonwinter road maintenance costs from Appellants.

Theodore v. Delaware Valley School District

761 A.2d 652 · Commonwealth Court of Pennsylvania · Nov 6, 2000

Moreover, without clearly articulated guidelines for the process, there is no "check" on those conducting the search. Therefore, I conclude that the School District's notice to the Students here is insufficient. … Commonwealth of Massachusetts, 197 U.S. 11 , 25 S.Ct. 358 , 49 L.Ed. 643 (1905). [19] Under 28 Pa.Code § 23.83, the following immunizations are required as a condition of attendance at school: Diphtheria, Tetanus, Poliomyelitis

K. Bartelli v. PA DOC

Commonwealth Court of Pennsylvania · Apr 10, 2024

[It] determined that [Appellant]’s trespass, conversion, harassment, and intimidation claims were barred by sovereign immunity as they are intentional torts. … The Section 1983[, 42 U.S.C. § 1983,] claim failed because [Appellees] are immune from claims where they were acting in their official capacities.

Borough of Dunmore & Dunmore Pension Bd. v. v. Arnone

Commonwealth Court of Pennsylvania · Mar 6, 2020

Clearly, Dunmore agreed to the appointment of the Hearing Officer in this matter. … Clearly, Dunmore does not apply to all retirees hired after January 1, 1996.

Lehigh County D.A.'s Office v. W.E. Webster, III

Commonwealth Court of Pennsylvania · Aug 20, 2024

Accordingly, we find the Board met its burden of establishing these recommendations are not subject to disclosure. … Clearly, the rules of statutory construction do not allow the unambiguous language of the Board’s Confidentiality Regulation to be modified in this way.

D.C. Coughlin v. BPOA, State Board of Accountancy

Commonwealth Court of Pennsylvania · Jan 3, 2019

[I]t has been established as an elementary principle of law that courts will not review the actions of governmental bodies or administrative tribunals involving acts of discretion, in … It is true that the mere possession of discretionary power by an administrative body does not make it wholly immune from judicial review, but the scope of that review is limited to

Diamond Manufacturing Company v. WCAB (Archavage)

Commonwealth Court of Pennsylvania · Apr 11, 2016

While the WCJ may have been high- handed, his actions did not clearly show bias, and we must defer to the WCJ’s conclusion that he could decide the matter fairly and impartially. 8 In crediting Dr. … In addition, “[a]n expert medical witness in a workers’ compensation proceeding is qualified to testify outside of his medical specialty, and any objection to that testimony goes to the weight of the evidence.”

Michael G. Lutz Lodge No. 5 of Fraternal Order of Police v. City of Philadelphia

84 A.3d 343 · Commonwealth Court of Pennsylvania · Jan 2, 2014

There is nothing in the record that established that the City and the FOP attempted to bargain to impasse what to me is clearly a mandatory subject of bargaining, 3 something that is required before parties may initiate interest … The 2009 Award for the first time allowed qualified officers to reside outside the City. See R.R. at 23a.

R.P. Tuerk v. The PA Dept. of Ed.

Commonwealth Court of Pennsylvania · Mar 24, 2023

According to the Eastern District’s Local Rules,5 Petitioner was to inform the Eastern District in writing if he previously had been subjected to public discipline and then establish that he was qualified to practice law … Ortega qualified as a “high ranking administration official” who enjoyed the deliberative process privilege.

A. Edwards v. PA's Sentencing Scheme in Sentencing Third Degree Murder Convictions to Mandatory Life without Parole for their Second Murder Conviction

Commonwealth Court of Pennsylvania · May 15, 2025

The action established in this subchapter shall be the sole means of obtaining collateral relief and encompasses all other common law and statutory remedies for the same purpose … These rules quite clearly apply to the situation where a party has mistakenly filed his action in the wrong court.

D. Wagoner, III v. PPB

Commonwealth Court of Pennsylvania · Jun 2, 2026

Therefore, Petitioner’s alleged affidavit does not qualify as “reasonably verifiable evidence” of the date that Petitioner deposited his appeal in the mailbox at SCI-Chester under Sweesy or any other relevant Commonwealth … Therefore, the issuance of a document concerning the “General Rules, Regulations and Conditions Governing Adult Probation/Parole” to a prisoner who has just been sentenced to a period of probation does not clearly indicate

C.M. Bradley v. West Chester University

Commonwealth Court of Pennsylvania · Jan 10, 2020

over an action challenging a Commonwealth entity’s determination of an assessed value to fair market value ratio, that claims against the school district for assessing unequal taxes as a result of using this ratio were “clearly … against all Defendants, would typically fall within the original jurisdiction of the trial court as “actions or proceedings in the nature of trespass as to which the Commonwealth government formerly enjoyed sovereign or other immunity

Uptown Partners v. City of Pittsburgh ZBA

Commonwealth Court of Pennsylvania · Dec 27, 2017

Buildings with more than one (1) set of cooking facilities are considered to contain multiple dwelling units unless the additional cooking facilities are clearly accessory, such … “To qualify as a continuation of a nonconforming use, the current use must be sufficiently similar to the nonconforming use as not to constitute a new or different use.” Itama Dev. Assocs., LP v.

L.A. Bonazza v. UCBR

Commonwealth Court of Pennsylvania · May 30, 2019

The Board adopted the Referee’s Findings of Fact and Conclusions of Law and further determined: [W]hile the Referee did not make an express credibility determination in his Decision, his findings of fact clearly … Contrary to Claimant’s assertion on appeal, Chief LaRue did not indicate that an officer was required to be “out” on patrol for a sleeping incident to qualify as a violation of Employer’s policy, nor did Claimant present

J. Bowman v. PHFA

Commonwealth Court of Pennsylvania · Nov 14, 2017

Petitioner was denied unemployment benefits because she had not earned sufficient income in her base year to qualify for benefits. … Thus, PHFA’s interpretation of Act 91 is “entitled to great weight[,]” and we will not overturn it unless it is “clearly erroneous.” Horton v. Pa. Hous. Fin. Agency, 511 A.2d 917, 918 (Pa. Cmwlth. 1986).