Case law

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.

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.

McAllister v. Commonwealth

41 Pa. Commw. 31 · Commonwealth Court of Pennsylvania · Mar 1, 1979

Moreover, meeting the current needs of patients was clearly the intendment of Congress in enacting the 1968 amendments to the Medicare Act. 42 U.S.C. §1396a(26). … Established pursuant to the Medicare Act, 42 U.S.C. §1896 et seq.

Merrell v. Chartiers Valley School District

51 A.3d 286 · Commonwealth Court of Pennsylvania · Aug 29, 2012

The School District maintains that it had the obligation to hire the most qualified teachers and the authority to exercise its discretion in deciding which applicants were most qualified. … Once a veteran applicant satisfies that burden, then “the burden falls to the employer to establish that the veteran was not qualified.” Merrell, 579 Pa. at 111 , 855 A.2d at 721 .

Zimmerman v. Commonwealth, Public School Employes' Retirement Board

88 Pa. Commw. 289 · Commonwealth Court of Pennsylvania · Mar 19, 1985

Petitioner, who is attempting to establish optional membership in the retirement system pursuant to subsections 8301(a) (4) and 8301(c), must show that he is a “school employee.” … In reaching this conclusion, we note that although Petitioner’s work as a doctor is admittedly technical, a physician can clearly be an employee rather than an independent contractor, even if he is not supervised by another

Hillgartner v. Port Authority of Allegheny County

936 A.2d 131 · Commonwealth Court of Pennsylvania · Sep 12, 2007

Clearly, in their federal action Plaintiffs are pursuing damages for alleged discrimination occurring after the initial hiring round. … Thus, the preliminary objections clearly raised the issue that the pending federal action bars the state complaint.

D.Z. v. Bethlehem Area School District

2 A.3d 712 · Commonwealth Court of Pennsylvania · Jul 27, 2010

that the otherwise qualified interpreter ... has read, understands and agrees to abide by the code of professional conduct for administrative proceeding interpreters for persons with limited English proficiency, as established … Thus, Brandt is clearly distinguishable. Similarly, this is not a case like Manor .

Main Line Health, Inc. v. Pennsylvania Medical Professional Liability Catastrophe Loss Fund

738 A.2d 66 · Commonwealth Court of Pennsylvania · Sep 14, 1999

The word “adopt” means “to accept formally and put into effect,” 6 and a “standard” is “something set up and established by authority as a rule for the measure of ... quality.” 7 The phrase “to include” indicates that the … Allstate Insurance Co., 729 A.2d 135 (Pa.Cmwlth.1999). *70 We will sustain the objections only if the law clearly does not permit recovery on the facts alleged. Id. 14 . 40 P.S. § 991.1818. 15 .

Gondelman v. Commonwealth

120 Pa. Commw. 624 · Commonwealth Court of Pennsylvania · Nov 3, 1988

. *627 Initially we note that a preliminary objection in the nature of a demurrer will be sustained only where the complaint is clearly insufficient to establish any right to relief and any doubt must be resolved in favor … United States Constitution Elected judges in Pennsylvania are clearly excluded from the protection of ADEA by the exception clause of section 11(f).

In Re Condemnation Redevelopment Authority of Lawrence Cty.

962 A.2d 1257 · Commonwealth Court of Pennsylvania · Dec 22, 2008

qualifying as “blighted” for purposes of condemnation outside of a redevelopment area, Section 12.1, in relevant part, specifically lists the *1262 qualifying criteria, which may be summarized as those conditions ordinarily … the statutory criteria qualifying an area or property as blighted.

Barasch v. Pennsylvania Public Utility Commission

119 Pa. Commw. 81 · Commonwealth Court of Pennsylvania · Aug 22, 1988

“Avoided costs” are defined in §292.101(b)(6) as “the incremental costs to the electric utility of electric energy or capacity[ 4 ] or both which, but for the purchase from *88 the qualifying facility or qualifying facilities … S. §101: Any 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 proceeding

Colelli v. Zoning Board of Adjustment

131 Pa. Commw. 615 · Commonwealth Court of Pennsylvania · Mar 6, 1990

On appeal to this court, neither party disputes the board’s conclusion that Colelli’s business does not qualify as a “home occupation” under the special exception provision. … Because the city never issued a zoning permit to Colelli, the present case clearly falls within the estoppel or laches category.

J.G. Myers v. Com. of PA

Commonwealth Court of Pennsylvania · Aug 6, 2021

purchase price and therefore would not qualify for a sales tax refund. … This was clearly demonstrated in Morris Half Hour Laundromat.

Bedow v. Cortes

848 A.2d 1034 · Commonwealth Court of Pennsylvania · May 3, 2004

Mandamus is not proper to establish legal rights, but is only appropriately used to enforce those rights, which have already been established. Id. … The burden of proof is clearly upon the party seeking this extraordinary remedy to establish his legal right to such relief. Rizzo.

Burton v. Terry

140 Pa. Commw. 336 · Commonwealth Court of Pennsylvania · Jun 5, 1991

The trial court, relying on Crowell , concluded that the City was immune from liability and granted the City’s motion for judgment notwithstanding the verdict. … That probably, that affects the visibility of someone going northbound on Limekiln, if they cannot see clearly so their right, they will not see what’s happening at 67th Avenue. Q. Until what point? A.

Larch v. Haverford State Hospital

152 Pa. Commw. 459 · Commonwealth Court of Pennsylvania · Jan 5, 1993

Moreover, the record establishes that the authors of the letters were not called to testify nor subject to cross-examination. In addition, Dr. … Provided, however, That information, documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil action merely because they were presented during proceedings

In re Nomination Petition of Makhija

136 A.3d 539 · Commonwealth Court of Pennsylvania · Mar 17, 2016

In doing so, the Court focused on the candidate’s significant effort to establish permanent residency in Michigan: Were it not for [the candidate’s] action in 1968 when he clearly disassociated himself from his parents’ home … Not only would Candidate not qualify for Massachusetts in-state tuition, he had to be a Carbon County resident to qualify for his scholarship to Harvard Law School.

Lake Erie Promotions, Inc. v. Erie County Board of Assessment Appeals

60 A.3d 194 · Commonwealth Court of Pennsylvania · Dec 28, 2012

Under the Local Agency Law, an “adjudication” is defined as “[a]ny final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or … Moreover, “[a] letter from an agency may qualify as an adjudication so long as the letter” meets the definition of “adjudication.” Workman v.

Strong v. County of Erie

122 Pa. Commw. 461 · Commonwealth Court of Pennsylvania · Jan 6, 1989

If the court is free to hypothesize a legitimate governmental purpose to justify a legislative action, then the determination of whether a legitimate governmental purpose exists is clearly one of law, not of fact, properly … Summary judgment is appropriate when the moving party has established that no genuine issues of material feet exist and that it is entitled to judgment as a matter of law.

Krug v. Commonwealth

9 Pa. Commw. 563 · Commonwealth Court of Pennsylvania · Jul 31, 1973

Krug’s injury was not a qualifying “patient injury” and the Deputy Secretary of Management by the authority of the Secretary of Public Welfare affirmed the denial of Act 534 benefits. … Appellant contends that the conduct of the patient in throwing herself at Appellant’s leg was clearly “an act of an inmate” within the purview of Act 534.