Case law

Geschwindt v. Wagner

1 A.3d 970 · Commonwealth Court of Pennsylvania · Jul 16, 2010

Appellants also alleged that Wagner was operating R.D. from his home in violation of the Ordinance, as such does not qualify as a home occupation. … Such effects are sufficient to establish that the Siegmonds were substantially affected by the ordinance violation.” Id.

Ernst v. Commonwealth

37 Pa. Commw. 643 · Commonwealth Court of Pennsylvania · Sep 26, 1978

The DPW has been authorized by the legislature to establish regulations and standards to implement the Public Welfare Code. … Although the DPW is given broad discretion in setting standards for the administration of the public assistance program, the legislature has clearly limited this authority to the establishment of “rules, regulations and standards

Peet v. Commonwealth

705 A.2d 497 · Commonwealth Court of Pennsylvania · Jan 2, 1998

well established. … Clearly, the Peets’ Delaware income is taxed, at a higher rate than it would be if they had no other income from another state.

South Whitehall Township v. Commonwealth

82 Pa. Commw. 217 · Commonwealth Court of Pennsylvania · May 3, 1984

the Township and Township Authority are not the real parties in interest, 3) that the complaint fails to state a cause of action upon which relief can be granted, 4) that the action is barred by the doctrine of sovereign immunity … Second, although the regulation clearly excludes private de *221 velopers from applying for state highway right-of-way occupancy permits, nothing in the language of the regulation compels the Township or Township Authority

A.E. Howland v. Officer K. Hartranft

Commonwealth Court of Pennsylvania · Mar 16, 2026

An inability to establish a right to relief automatically exists where a plaintiff brings a suit against a high public official that is immune from the lawsuit due to actions taken in the course of his official duties and … This Pennsylvania Supreme Court has determined that both district attorneys and assistant district attorneys qualify as high public officials, and that the scope of common law immunity is absolute, such that immunity

Sch. Dist. of Phila. v. Friedman

96 Pa. Commw. 267 · Commonwealth Court of Pennsylvania · Apr 7, 1986

Friedman is qualified for the position for which he seeks reinstatement. (Footnote omitted.) … We note that, while a plaintiff may also establish a disability under 16 Pa.

Parker v. Commonwealth

115 Pa. Commw. 93 · Commonwealth Court of Pennsylvania · Mar 31, 1988

One final argument made by the petitioners in support of their claim of denial of equal protection is that Section 402.5 allows for a situation whereby employees of those private respondents who qualify for, apply for and … An adjudication has been defined as any final order, decree decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligation of any or all of

Keim v. Commonwealth, Department of Health

117 Pa. Commw. 452 · Commonwealth Court of Pennsylvania · Jul 5, 1988

The announcement states clearly that employees in classes other than those specifically named may apply. … Thus, we must determine *458 whether Appellants appeals stated sufficient facts to establish a claim. The guide we turn to in determining whether an employee has stated a claim on the basis of discrimination is 4 Pa.

Reisinger v. Commonwealth

41 Pa. Commw. 553 · Commonwealth Court of Pennsylvania · Apr 10, 1979

It is well established that a state may set reasonable standards for determining the qualifications of those who hold themselves out as practitioners of the healing arts and may also grant to an administrative body the authority … We believe, however, that the case presently before us is clearly distinguishable from Gibson .

Lutheran Home at Topton, Pa. Tax Ap.

6 Pa. Commw. 199 · Commonwealth Court of Pennsylvania · Aug 3, 1972

It maintains a children’s home and ambulatory, self-care dormitories and infirmaries for the aged upon clearly charitable terms. Its real estate so used qualifies for exemption from taxation. … The principle established by the cases just cited under the Constitution of 1874 was reenforced by amendment adopted April 23, 1968.

King v. West Penn Power Co.

946 A.2d 184 · Commonwealth Court of Pennsylvania · Apr 9, 2008

However, Light’s testimony, by itself, does not establish that Con-demnee’s expansion would exceed 80% of the fair market value of the Property at the time it became non-conforming. *191 Because Condemnor did not establish … The admission of expert opinion evidence is a matter for the discretion of the trial court, to be disturbed only when that discretion is clearly abused. Department of Transportation v.

North Point Breeze Coalition v. City of Pittsburgh

60 Pa. Commw. 298 · Commonwealth Court of Pennsylvania · Jul 2, 1981

The resolution was not legislative in nature because it established no rule of general application. See, e.g., Insurance Company of North America v. Insurance Department, 15 Pa. … S. §101 as “ [a]ny final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the parties to the

Richardson v. LaBuz

81 Pa. Commw. 436 · Commonwealth Court of Pennsylvania · Apr 10, 1984

clearly foreshadowed.’’ … Therefore, we believe that Koppers did establish a new principle of law by deciding an issue of first impression whose resolution was not clearly foreshadowed.

Wareham v. Jeffes

129 Pa. Commw. 124 · Commonwealth Court of Pennsylvania · Sep 19, 1989

Wareham argues that there was no need to establish by expert testimony that this manner of treatment after his recent hospitalization and surgery was contraindicated. … It has been established that a prison official acting in his official capacity is acting under color of state law. Parratt .

Middle Creek Bible Conference Inc. v. Department of Environmental Resources

165 Pa. Commw. 203 · Commonwealth Court of Pennsylvania · Jun 20, 1994

, duties, liabilities or obligations of a person, including, but not limited to, denials, modifications, suspensions and revocations of permits, licenses and registrations; orders to cease the operation of an establishment … DER, 159 Pa.Commonwealth Ct. 72, 632 A.2d 989 (1993), clearly establishes that the Board has exclusive jurisdiction to determine whether or not a taking has occurred where there is a claim that the exercise of police power

Indianapolis Power & Light Co. v. Pennsylvania Public Utility Commission

711 A.2d 1071 · Commonwealth Court of Pennsylvania · May 7, 1998

For IPL to prevail on its Commerce Clause challenge, it first would have to establish that the Commerce Clause is implicated in this matter. … Tracy, 519 U.S. at - n. 8, 117 S.Ct. at 820 n. 8 (discussing how all state regulation is not immune from Commerce Clause jurisprudence); see also Camps Newfound/Owatonna v.

Housing Authority v. State Civil Service Commission

692 A.2d 1122 · Commonwealth Court of Pennsylvania · Mar 12, 1997

Eastbum stated that Chapman “demonstrated clearly an ability that Mr. Fitzgerald did not demonstrate.” 2 N.T. at 92; R.R. at 145a. Juan R. … These features may establish a veteran’s eligibility to be considered for the position, but they will not establish that he is ‘qualified’ for the job.

Piehl v. City of Philadelphia

930 A.2d 607 · Commonwealth Court of Pennsylvania · Jul 27, 2007

Our Supreme Court has established that the Commonwealth and its agencies are distinct parties, at least for purposes of pleading a tort action for which sovereign immunity has been waived. Tork-Hiis v. … Tork-Hiis did not establish the principle that the caption is the exclusive way to establish party status.

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

704 A.2d 712 · Commonwealth Court of Pennsylvania · Dec 5, 1997

Accordingly, Cohen’s assertion that the trial court came to its conclusion sua sponte is misplaced; DOT clearly raised the issue below. … The recall shall be for an indefinite period until satisfactory evidence is presented to the department in accordance with regulations to establish that such person is competent to drive a motor vehicle.

Coleman v. Commonwealth

46 Pa. Commw. 295 · Commonwealth Court of Pennsylvania · Oct 1, 1979

Opinion by Judge Rogers, The appellant, John Coleman, was laid off from his employment under circumstances which qualified him *296 to receive unemployment compensation benefits. … Coleman’s conduct on this occasion was clearly willful misconduct under Section 402(e) of the Unemployment Compensation Law, Act of Dec. 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e).