Case law

In Re: 2018 Upset Tax Sale L.S. Everett v. Monroe Cty. TCB ~ Appeal of: D. Keller

Commonwealth Court of Pennsylvania · Jun 9, 2020

The purchase of property at tax sale by a person who is himself delinquent in the payment of real estate taxes is clearly discouraged under RETSL. … The panel distinguished this Court’s decision in Rowan because that matter involved a petition to intervene which required the successful bidders establish an enforceable interest in the property. Id. at 3.

Riverside S.D. v. Riverside Ed. Assoc. REA-PSEA-NEA

Commonwealth Court of Pennsylvania · Aug 1, 2022

The arbitrator observed that Article II, Section (B)(5) clearly states two criteria that must be met in the event of a change in insurance carriers. (Award at 7.) … It is well established that the arbitrator has sole jurisdiction to decide the arbitrability of an issue in the first instance. Wattsburg Area School District v.

Hopewell Twp. v. Hopewell Twp. ZHB v. J.T. Hopkins, Jr. & E.P. Hopkins

Commonwealth Court of Pennsylvania · Jan 3, 2024

Cmwlth. 2017) (quoting Hertzberg, 721 A.2d at 46). 5 was the minimum to afford them relief, and, in fact, Township established that lesser variance requests were possible … The Board argues that the variance is clearly dimensional under Hertzberg, as a single-family detached dwelling is a permitted use in the Agricultural Zone of Township.

County of Allegheny v. WCAB (Nicini)

Commonwealth Court of Pennsylvania · Feb 3, 2017

Agnew’s qualifications do not establish him as any expert in medical forensics. … Agnew is a qualified 9 In workers’ compensation cases, the issue of whether testimony is equivocal generally arises with respect to medical testimony.

W. & B.A. Belleville, h/w v. David Cutler Group, Inc. ~ Appeal of: David Cutler Group, Inc.

Commonwealth Court of Pennsylvania · Jun 28, 2019

The trial court reasoned further that Cutler also knew that the First Amendment would not qualify as a technical amendment under Section 5219(f) of the UPCA, and that, even if it did, “the mandatory procedural steps required … Cutler argues further that the docket activity in this case clearly reflects that it successfully defended against certain claims brought by the Bellevilles, including the Bellevilles’ attempt to certify a class and Cutler

Larry Krasner, in his official capacity as the DA of Philadelphia v. Senator Kim Ward, in her official capacity as Interim President Pro Tempore of the Senate

Commonwealth Court of Pennsylvania · Jan 12, 2023

Section 9 of the Charter Act authorizes the impeachment and removal of a City officer through a process that starts with a complaint filed with the Court of Common Pleas of Philadelphia County by 20 “qualified electors,” … The courts’ ability to conduct those kinds of review is firmly established.

C. Toland v. PBPP

Commonwealth Court of Pennsylvania · Feb 14, 2024

However, that excerpt leaves out the first part of the quotation from Justice Ginsburg’s opinion: “To qualify as a case fit for federal-court adjudication, an actual controversy must be extant at all stages of review, not … This Court has explained that cases presenting mootness problems involve litigants who clearly had standing to sue at the outset of the litigation.

G. Chinniah v. N. Forrester

Commonwealth Court of Pennsylvania · Feb 7, 2022

the preliminary objections of Nayra Chinniah avers that Young and Shull “are employees/agents of [the Housing Authority].” 1 See Amended Complaint at 1, ¶ 4. 2 The Housing Authority is a qualified … Chinniah also “stress[es] that the lower court wrongfully entertained [Forrester’s] renewed preliminary objections . . . after the lower court’s 23 January 2019 [order] clearly and unambiguously directed . . .

New Garden Twp. v. PA PUC

Commonwealth Court of Pennsylvania · Oct 14, 2020

Section 2102(b) imposes a duty on “every public utility to file with the [C]ommission a verified copy of any such contract or arrangement,” which “shall” be approved “only if it shall clearly appear and be established upon … The [C]ommission shall approve such contract or arrangement made or entered into after the effective date of this section only if it shall clearly appear and be established upon investigation that it is

G. Gausman v. K. Gausman, City of Erie Officers' and Employees' Retirement Plan

Commonwealth Court of Pennsylvania · Aug 16, 2018

However, although a court has broad equitable powers, “[w]hen the rights of a party are clearly established by defined principles of law, equity should not change or unsettle those rights.” Cent. … Here, the Pension Ordinance clearly establishes that ex-spouses “shall not be treated as the spouse or surviving spouse for any purposes.”

S. Mack v. PSP, & Inservco Ins. Svcs., Inc.

Commonwealth Court of Pennsylvania · Jul 28, 2022

Clearly, the gravamen of Petitioner’s action against Inservco and Inservco’s Joinder Complaint against Additional Respondents are the same. … Clearly the gravamen of Petitioner’s action against Inservco and of the Joinder Complaint against Additional Respondents are the same.

Save Philly Stores Darby, LLC d/b/a Save A Lot v. Dept. of Health, Bureau of WIC

Commonwealth Court of Pennsylvania · Jul 17, 2020

However, as DOH notes in its appellate brief, our Supreme Court has held that: “[a] statute is presumed to be constitutional and will only be invalidated as unconstitutional if it ‘clearly, palpably … The use of the two-mile measurement is established by the Regulations and is determined by the density of participants in the county where Save a Lot is located. Id.; 28 Pa.

K.E. Topper, of the Estate of H. Topper v. Maple Creek Inn, Inc., and the Borough of Turtle Creek

Commonwealth Court of Pennsylvania · Dec 29, 2016

He stated that most people with an alcohol level that high would be unconscious and that chronic alcoholics frequently would be staggering, have slurred speech, be unable to walk, and not perceive things clearly. … Appellant also asserts that the Borough presented no evidence to establish causation between Decedent’s negligence and his injuries.

Re: Appeal of Marple Newtown School District ~ Appeal of: Ashford Land Co., LP

Commonwealth Court of Pennsylvania · Apr 15, 2019

Exceptions are made for certain matters not at issue in the present matter. 12  The District also dismisses Ashford’s claim that the District qualifies as a third-party … However, it cannot be seriously argued that the present appeal ultimately constitutes anything but an appeal of the amount of Ashford’s tax assessment, as the date of breach clearly implicates that amount.

Re: Appeal of Marple Newtown School District ~ Appeal of: Ashford Land Co., LP

Commonwealth Court of Pennsylvania · Apr 15, 2019

Exceptions are made for certain matters not at issue in the present matter. 12  The District also dismisses Ashford’s claim that the District qualifies as a third-party … However, it cannot be seriously argued that the present appeal ultimately constitutes anything but an appeal of the amount of Ashford’s tax assessment, as the date of breach clearly implicates that amount.

General Motors, LLC v. WCAB (Jegou)

Commonwealth Court of Pennsylvania · Jul 2, 2021

Manzione clearly stated that the degeneration was unaffected by the work injury. 16. … In fact, the record clearly demonstrates that Dr.

BVRE, LP & Keystone Real Estate Group, LP v. College Twp.

Commonwealth Court of Pennsylvania · Jul 23, 2019

Developer did not present evidence establishing otherwise. (Id. at 18-19.) … Developer asserts that under either circumstance the land or facilities must be within close proximity to, and no more than two miles from, the Villas to qualify as “accessible.”

C. Martzen v. WCAB (Jo-Ann Stores)

Commonwealth Court of Pennsylvania · Aug 2, 2016

Under the Workers’ Compensation Act (Act),2 the claimant bears the burden of establishing all the necessary elements to support an award. Inglis House v. … Kahanovitz’s training as a board-certified orthopedic surgeon more qualified to issue opinions on diagnosis and causation and Dr.

Seguro Medico, LLC & A.W. Walsh v. M. Humphreys

Commonwealth Court of Pennsylvania · Jan 3, 2024

Moreover, Reed specifically challenged the appropriateness of Barrera entering a consent order and contested identifying Barrera as a “Qualifying Active Officer.” (Id. ¶ 33.) … “The purpose of mandamus is not to establish legal rights, but to enforce those rights which are already established.” Id.

Farinhas Logistics, LLC v. UCBR

Commonwealth Court of Pennsylvania · Dec 5, 2016

an application for benefits with the local service center, which found that Claimant had base year wages of $200.00 paid by a company called Randstad; thus, the service center determined that Claimant did not financially qualify … [Putative Employer] clearly was not given sufficient notice of the January 29, 2015, hearing as the notice was mailed to it on January 27, 2015.