Case law

Wayne Property Acquisition, Inc. v. Bd. of Commissioners of the Twp. of Radnor ~ Appeal of: Radnor Twp. Bd. of Commissioners

Commonwealth Court of Pennsylvania · Aug 7, 2023

In Money, we considered whether a landowner’s (Money) complete replacement of a dilapidated, nonconforming garage building that exceeded the dimensional limits of the Haverford Township Zoning Ordinance qualified as a valid … In the present case, Robertson does not seek to establish a new use.

G. Bundy v. City of Philadelphia CSC

Commonwealth Court of Pennsylvania · Mar 9, 2017

could only result in termination if there was a written work rule creating a standard of conduct applicable to his off-duty conduct or if the conduct related directly to a function of his job, thus rendering him no longer qualified … In addition, Bundy’s violation of the Policy clearly raised concerns over his ability to safely utilize City vehicles and property and to appropriately supervise employees in light of the fact that he violated the Policy,

B.A. D'Amour v. Lower Merion Twp.

Commonwealth Court of Pennsylvania · Aug 30, 2019

1995 Act 205 actuarial study explicitly interpreted “salary” in the Pension Fund as including the Township Contribution, as did the 10 Section 415 governs limitations on benefits and contributions for qualified … A statute of limitations begins to run when an action accrues and an action accrues “when an actual controversy exists[, which is] where a case presents clearly antagonistic positions or claims indicating imminent and inevitable

Abington Heights S.D. v. PLRB

Commonwealth Court of Pennsylvania · Feb 10, 2022

Second, and most importantly, this Court relied on section 702 of PERA and concluded as follows: “Clearly, under PERA, the [u]niversity’s managerial policy of approving curriculums or making any other program-related decision … However, as correctly noted by the PLRB, pursuant to section 1611-B(f) of the School Code, a school district can enter into an agreement under section 1525, irrespective of whether it qualifies for or obtains Act 46 grant

K. DeFrancesco v. UCBR

Commonwealth Court of Pennsylvania · Jan 8, 2021

. § 804(d) (establishing a formula for the deduction of severance pay from benefits awarded to eligible claimants); see also Rebo v. Unemployment Comp. Bd. of Review, 499 A.2d 732, 735 (Pa. … On January 14, 2019, the Department issued a notice of financial determination deeming Claimant financially ineligible for benefits because she did not earn at least 37% of her base year6 qualifying wages outside the quarter

C. Lodge v. Robinson Twp. ZHB v. Robinson Twp.

Commonwealth Court of Pennsylvania · Aug 4, 2022

Range Resources’ witness Brent Cummings, an acoustical engineer with TruHorizon Environmental Solutions, was qualified and accepted as a sound expert by the trial court. (R.R. at 1880a). Mr. … Earlier in his testimony, Justin Welker clearly testified that the Moore Park well pad was in permanent production and had been for several years. (R.R. at 1097a.)

Susquehanna Rheems Holdings, LLC v. West Donegal Twp. ZHB Wenger's Feed Mill, Inc. and West Donegal Twp.

Commonwealth Court of Pennsylvania · Jul 23, 2018

Regardless of whether the ZHB agreed or disagreed with the Supervisors’ decision, the ZHB stated, the 14 evidence clearly established there was a rational basis and legitimate … “Spot zoning must be clearly established; if the validity of the rezoning ordinance is debatable, it must be permitted to stand.” Penn Street, 84 A.3d at 1121.

Condemnation of Fee Simple Title to 0.069 Acres of Vacant Land and Certain Easements Owned by Brandywine Village Associates

Commonwealth Court of Pennsylvania · Jul 2, 2018

In addition to being a fact witness, Dobson was qualified as an engineering expert. … Clearly, what BVA is attempting to do is challenge the Township’s compliance with certain statutes and regulations.

J.P. Sivick v. Com. of PA, SEC

Commonwealth Court of Pennsylvania · Dec 22, 2021

In particular, the sum of Kraines’ behavior in that case was clearly less blameworthy than was Sivick’s in this case, where the Commission found other bases for violations in connection … The [S]on did not receive a single 28 In Sivick II, the Court, citing to Veon, noted, “[f]or present purposes, we assume arguendo that Son’s receipt of fair compensation for services duly rendered qualifies

In Re: Condemnation by Sunoco Pipeline L.P.

Commonwealth Court of Pennsylvania · May 15, 2017

While Sunoco [] did not provide any final PUC orders that clearly determined it was for the public, the PUC has provided, through its orders, that the pipeline service is for the public benefit. … However, we need not decide the waiver issue as we held in Sunoco I that the record established a demonstration of public need. 143 A.3d at 1019-20.

In Re: Appeal of the 2/12/18 Decision ~ Appeal of: Toll PA XVIII, L.P.

Commonwealth Court of Pennsylvania · Dec 12, 2019

Moreover, Nextel clearly holds that after an application is accepted, review turns to whether the applicant complied with the technical requirements of the ordinance. 958 A.2d at 593. … It requires an “accurate site plan prepared by a qualified professional.” Section 170-2009(B)(3) of the Ordinance (emphasis added).

C. Burton v. RSVB Couriers (WCAB)

Commonwealth Court of Pennsylvania · Apr 13, 2022

Additionally, to sustain an award of benefits, a claimant has the burden to establish that he “suffered a work-related injury and that this injury resulted in” disability. Ruhl v. … And I qualify that by saying I didn’t find any clinical evidence of lumbar strain and sprain or a disc abnormality and/or injury to the knee from either dates of injury, December

J. Carbonell-Caban v. Elwyn, Inc. (WCAB)

Commonwealth Court of Pennsylvania · May 18, 2022

As the WCJ clearly explained her reasons for rejecting Dr. Tabby’s opinions in favor of Dr. … Gordon’s status as an orthopedist does not render him more qualified to render an opinion than Claimant’s treating physician, and she suggests that the WCJ “blatantly misstates the record” with respect to Dr.

J.J. O'Neill v. SERS

Commonwealth Court of Pennsylvania · Oct 19, 2020

The petitioner in Merlino worked as a police officer in Philadelphia, which qualified him for a city pension. … Upon review of the false report to law enforcement violation, the Superior Court observed that the evidence at trial established that the police officer sent the message at issue over her patrol car computer and that she

D. Bloom v. PA SEC

Commonwealth Court of Pennsylvania · Dec 9, 2019

As this Court has noted: [W]hen the term admission is used without any qualifying adjective the customary meaning is an evidentiary admission, that is, words in oral or written form … Thus, no clear and convincing evidence exists to establish that Petitioner’s suggestions that the Board hire his children actually constituted a step in the realization of their employment at PMCS.

A. Griffis v. WCAB (Albert Einstein Healthcare Network)

Commonwealth Court of Pennsylvania · Jul 15, 2020

Our Supreme Court has described subrogation under Section 319 as follows: Subrogation in our workers’ compensation system is a significant and firmly established right. … This is so because the statute granting subrogation “clearly and unambiguously” provides that the employer “shall be subrogated” to the employee’s right of recovery. . . .

R.J. Cummins, d/b/a Bob Cummins Constr. Co. v. Bradford Sanitary Auth.

Commonwealth Court of Pennsylvania · Jun 8, 2020

When ‘furnish,’ ‘install,’ ‘perform,’ or ‘provide’ is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of [Cummins], … R.R. at 369a. 18  represents that it is qualified to construct the Work as depicted in the Contract Documents; and to determine its