Case law

Sica v. City of Philadelphia

77 Pa. Commw. 97 · Commonwealth Court of Pennsylvania · Sep 9, 1983

A taxpayer suit is a creature of the common law; it permits a plaintiff, solely on the strength of his status as taxpayer, to challenge government actions which might otherwise be immune from suit because no one would have … After the effective date of those rules (September 1, 1977), the courts have continued to hear taxpayer’s suits without requiring conformity to the rigid standards of the class action rules. 5 The cases clearly establish

Green Valley Dry Cleaners, Inc. v. Westmoreland County Industrial Development Corp.

832 A.2d 1143 · Commonwealth Court of Pennsylvania · Sep 4, 2003

Once complete, the WCIDC sells the lots to qualified businesses 2 at a discounted price. … As such, it was immune from Green Valley’s claims of negligence and fraud.

Reed v. Miller Printing Equipment Division of Western Gear Corp.

75 Pa. Commw. 360 · Commonwealth Court of Pennsylvania · Jun 15, 1983

A subsequent request by Appellant for a ten day extension of his training to become qualified as a gear cutter was denied. … Therefore, in light of the fact that the skills are clearly prerequisites to the program and their acquisition is not encompassed by it, we must affirm the court of common *366 pleas’ reversal of the Commission.

Richardson v. Thomas

964 A.2d 61 · Commonwealth Court of Pennsylvania · Jan 14, 2009

As a result of the defendants [sic] conduct ... plaintiff [Richardson] was deprived of the opportunity of employment at a job he was qualified for; at one of the higher paying job classifications at SCI-Greensburg. 27. … Section 6602(f) of the PLRA does not establish substantive law but is entirely procedural because it relates to payment of court filing fees....

In re Nomination Petition of Vidmer

65 Pa. Commw. 562 · Commonwealth Court of Pennsylvania · Mar 26, 1982

Counsel’s objection was clearly valid under Section 5107 of the Judicial Code, 42 Pa. C. S. §5107. … Were it not for Vidmer’s action in 1968 when he clearly disassociated himself from his parents’ home in Pennsylvania in order to establish himself as a permanent resident in Michigan, we would be constrained to hold that

Norwin School District v. Cortazzo

155 Pa. Commw. 432 · Commonwealth Court of Pennsylvania · May 4, 1993

After discovery, the School District filed a motion for summary judgment based on governmental immunity, which was denied by the trial court. … Clearly, the Cortazzos established negligence on the part of the School District. Accordingly, the trial court did not err in finding the real estate exception applicable.

Bureau of Traffic Safety v. Byrd

41 Pa. Commw. 38 · Commonwealth Court of Pennsylvania · Mar 2, 1979

A person is physically qualified to operate a school bus if he: (c) Has no established medical history or clinical diagnosis of: (2) Myocardial infarction, angina pectoris, coronary insufficiency or thrombosis. (3) Cardiovascular … By Section 609, the legislature clearly intended to establish extra precautions designed to insure that an individual licensed to operate a school bus would be a better safety risk than an individual licensed only to operate

Greenwood Gaming & Entertainment, Inc. v. Commonwealth, Department of Revenue

22 A.3d 286 · Commonwealth Court of Pennsylvania · May 5, 2011

The electronic games can qualify as either fully automated EGTs or slot machines depending on the software installed. … the statute clearly sets at 14% for the first two years of operation.”

Pennsylvania Medical Society v. Foster

137 Pa. Commw. 192 · Commonwealth Court of Pennsylvania · Jan 11, 1991

The final preliminary objection raised by the Commissioner proposes the defense of sovereign immunity. … acts are not within the rule of immunity.”

Winebarger v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

655 A.2d 1093 · Commonwealth Court of Pennsylvania · Mar 9, 1995

This Court affirmed the suspension, reiterating established law that “anything less than unqualified, unequivocal assent to chemical testing constitutes a refusal.” Id. at 481, 561 A.2d at 1342 . … Pa.Commonwealth Ct. 564, 625 A.2d 755 (1993), also relied upon by the trial court, we affirmed the suspension of a motorist who conditioned his acceptance upon the hospital assuming liability should he contract hepatitis or Acquired Immune

J. Spallone v. PSP

Commonwealth Court of Pennsylvania · May 28, 2026

Spallone, she did not get promotions that she believed she had earned based on well-established criteria. Id. at 28a. A supervisor told her it was because she is married to Mr. Spallone. … The PSP responds that Whistleblower Law claims against state agencies clearly fit within Section 761’s general rule that this Court has exclusive and original jurisdiction over all actions against the Commonwealth government

Brown v. Beard

11 A.3d 578 · Commonwealth Court of Pennsylvania · Dec 15, 2010

Furthermore, Brown’s status as an abusive litigator is well-established. See Brown v. *581 Levy, 993 A.2d 364 (Pa.Cmwlth.2010) (“[Brown] has already exhausted his ‘three strikes.’ ”); Brown v. Pa. … subsection (e)(2) [ ("The prison conditions litigation is frivolous or malicious or fails to *580 state a claim upon which relief may be granted or the defendant is entitled to assert a valid affirmative defense, including immunity

Ptashkin v. Department of Public Welfare

731 A.2d 238 · Commonwealth Court of Pennsylvania · May 26, 1999

In Pennsylvania, Section 442.1 of the Public Welfare Code 2 authorizes DPW to establish such standards. … Although DPW clearly set forth the basis for its determination (and presumption) that Ptashkin transferred assets for less than fair market value and for the improper purposes of qualifying Ptash-kin for MA and avoiding “

Merling v. Commonwealth

79 Pa. Commw. 121 · Commonwealth Court of Pennsylvania · Dec 15, 1983

The fact that the Commonwealth in the statute waiving its immunity places a limitation on the amount of daniages recoverable against it (42 Pa. O.. … There was no reason why Merling should have produced the DOT engineers who wrote the letters; but it was clearly, in DOT’S interest to produce them if they could help its case.

Davis v. Commonwealth

130 Pa. Commw. 287 · Commonwealth Court of Pennsylvania · Dec 21, 1989

After the supreme court abolished both governmental and sovereign immunity, Ayala; Mayle v. … . *298 384 , 388 A.2d 709 (1978), the legislature in this state took action to reaffirm the doctrines of immunity which had existed as judicial doctrines and established limited causes of action against the commonwealth and

Nelson v. City of Philadelphia

149 Pa. Commw. 611 · Commonwealth Court of Pennsylvania · Aug 7, 1992

We disagree as Labar’s actions were clearly outside the scope of his employment. … crucial question precludes us from holding that the present case is indistinguishable from Natt . 4 The City argues that Nelson has failed to show that the decedent stood in any special relationship with the police, thereby establishing

Cherillo v. Retirement Board of Allegheny County

796 A.2d 420 · Commonwealth Court of Pennsylvania · Apr 18, 2002

Then, it agreed to provide Cherillo with a hearing, but limited the scope of the hearing, over objection of Cherillo’s counsel, to questions of whether the Board-designated physicians were qualified and whether the Board … which definitional section also gov *422 erns the Local Agency Law provisions) 2 Pa.C.S. § 101, as: Any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities

Tom Clark Chevrolet, Inc. v. Pennsylvania Department of Environmental Protection

816 A.2d 1246 · Commonwealth Court of Pennsylvania · Feb 14, 2003

from suit except where the General Assembly has specifically waived immunity. … In the instant case, the deposition testimony of Robert Fawcett clearly establishes the area in question was flooded by surface waters, and that sediment was deposited in the streamway by natural forces, both before and after

Texas Keystone Inc. v. Pennsylvania Department of Conservation & Natural Resources

851 A.2d 228 · Commonwealth Court of Pennsylvania · Jun 7, 2004

Clearly our case law reinforces the rule that a party seeking relief must exhaust available administrative remedies before he may obtain judicial review.... … TKI argues that those leases impose a good faith obligation on DCNR to approve assignments of oil and gas rights when certain,qualifying conditions are met.

Kopelman v. Zoning Hearing Board

55 Pa. Commw. 306 · Commonwealth Court of Pennsylvania · Dec 12, 1980

Finally, objectors contend that they fulfilled their duty to present evidence sufficient to establish the proposal as unduly detrimental to health, safety or general welfare. Bray v. Zoning Board of Adjust ment, 48 Pa. … It is clearly pointed out in the testimony that the traffic flow exists because of that commercial area and that the proposed use would not contribute to the traffic but draw from it.