Case law

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).

E.W. Bowman, Inc. v. Workers' Compensation Appeal Board

809 A.2d 447 · Commonwealth Court of Pennsylvania · Oct 23, 2002

Claimant medically established a hearing loss ... (footnote omitted) Id. at 961 . … Instead, we are convinced that the legislature intended that the broader definition which clearly applies in Section 319 should also apply in Section 303 establishing the employer’s immunity.

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.

East Stroudsburg University Foundation v. Office of Open Records

995 A.2d 496 · Commonwealth Court of Pennsylvania · May 24, 2010

The decision shall clearly and concisely explain the rationale for the decision. (Emphasis added.) … enunciated by the courts, and this failure to establish a criteria has led to the generally confused state of the bench and bar in the application of the doctrine of sovereign immunity.

MINNICK v. ZHB, TN. OF McCANDLESS

71 Pa. Commw. 333 · Commonwealth Court of Pennsylvania · Jan 24, 1983

With the advent of Section 508(4) of the MPC, [11] undeveloped lots in an approved subdivision were given a three-year immunity from zoning changes. … This is not a case in *347 which a subdivider created a lot in disregard of a clearly formulated dimensional restriction.

Lyles v. City of Philadelphia

88 Pa. Commw. 509 · Commonwealth Court of Pennsylvania · Apr 8, 1985

It is settled beyond question that one bears a heavy burden when he seeks to establish that a statute is constitutionally defective. … Legislation will survive such an attack absent a showing that it “clearly, palpably, and plainly violates the Constitution,” Daly v.

In re Petition to Establish an Independent School District for Property Situate in Jefferson Township

74 A.3d 389 · Commonwealth Court of Pennsylvania · Aug 9, 2013

Only two of those signing the petition met these requirements and, thus, qualified as taxable inhabitants. … Clearly, a taxable inhabitant is one who is, or who may lawfully be, taxed, — one who possesses all the qualifications necessary to authorize the proper taxing authorities to assess him with a tax.

Bensalem Township School District v. Commonwealth

105 Pa. Commw. 388 · Commonwealth Court of Pennsylvania · Apr 22, 1987

sions “clearly, palpably, and plainly” violate the Constitution. … As Petitioners have not proved that the Codes funding scheme “clearly, palpably, and plainly” violates the Constitution, we will uphold the challenged sections.

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.

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

Price v. Luzerne/Wyoming Counties Area Agency on Aging

672 A.2d 409 · Commonwealth Court of Pennsylvania · Mar 1, 1996

Clearly, in Rule 97.16, the Commission has authorized the use of interviews to determine suitability for promotion. 4 Pa.Code § 97.16. … (b) Have or have had regular status in the next lower class as established by the appointing authority.

McElfresh v. Department of Transportation

963 A.2d 582 · Commonwealth Court of Pennsylvania · Jan 13, 2009

As such, McElfresh’s statutory construction arguments actually contradict our well-established application of the principles of the Statutory Construction Act, and are without merit in relation to her assertion that an RTKL … Such situation was clearly anticipated by the General Assembly in its passage of Section 274.

Dumas v. Board of Finance & Revenue

29 Pa. Commw. 396 · Commonwealth Court of Pennsylvania · Mar 25, 1977

When enforceability was held to be violative of federal law the regulations clearly became an erroneous interpretation of The Support Law. … However, the Department still pursued reimbursement claims established prior to this date. The Statutory Construction Act of 1972, 1 Pa. C.S. §1922(3).

Henderson v. Office of the Budget

126 Pa. Commw. 607 · Commonwealth Court of Pennsylvania · Jun 15, 1989

This evidence indicated that the complainant, a female, was hired and discharged from a position for which she was qualified and included as well payroll records establishing that more security person *616 nel, all of whom … This evidence clearly raises a genuine issue as to whether the Office intentionally discriminated against Henderson and is sufficient to satisfy the Office’s burden of production.

St. Aloysius R.C. Church v. Fayette County Board of Assessment Appeals

849 A.2d 293 · Commonwealth Court of Pennsylvania · May 11, 2004

Commonwealth, 507 Pa. 1, 22 , 487 A.2d 1306, 1317 (1985) (HUP). 3 The Church argues that the up *296 per floor satisfies these five criteria, thereby qualifying it for the exception. … In the instant case, the testimony clearly shows that upper level is used primarily and regularly for residential purposes, with only occasional, sporadic use for religious classes or meetings.

T. Batgos v. E. Calloway, Sr.

Commonwealth Court of Pennsylvania · Mar 15, 2024

Common pleas concluded the evidence “clearly demonstrated that . . . … Supp. 2d at 425 n.6 (holding that a teacher and a high school assistant principal “do not qualify as high public officials for purposes of th[e] common law immunity doctrine”).

Interstate Gas Marketing, Inc. v. Pennsylvania Public Utility Commission

679 A.2d 1349 · Commonwealth Court of Pennsylvania · Jun 24, 1996

As correctly noted by the PUC, IGM is clearly neither a customer of PG&W nor a competitor subject to the PUC’s regulation; therefore, IGM cannot establish standing on either of those two grounds. … This certainly does not qualify as a direct, substantial interest and is nothing more than a remote consequence of the PUC’s order. Pennsylvania Petroleum Association..

COM., DEPT. OF TRANSP. v. Chalfant

129 Pa. Commw. 430 · Commonwealth Court of Pennsylvania · Nov 13, 1989

A fair reading of the pertinent provision reveals the independent qualifications to be as follows: A school bus driver's license applicant is qualified if the applicant — [h]as no established medical history . . . of seizure … . § 1517, these regulations were formulated by a Medical Advisory Board. [3] Those subsections provide that a person will be physically qualified if the person: (4) Has no established medical history or clinical diagnosis

Williams v. Civil Service Commission

7 Pa. Commw. 554 · Commonwealth Court of Pennsylvania · Feb 23, 1973

Williams qualified for the position. … It seems clear that the law is well established in this Commonwealth that a ten-point advantage established by the Veterans Preference Act for original appointments is constitutional.

Giant Food Stores, Inc. v. Commonwealth, Department of Health

713 A.2d 177 · Commonwealth Court of Pennsylvania · Jun 11, 1998

Under the new Handbook, there is clearly a right to deny certification for failure to meet the criteria established. … The State agency shall establish criteria used to assess the adequacy of all food vendor qualifications.