Case law

Vinikoor v. Pedal Pennsylvania, Inc.

974 A.2d 1233 · Commonwealth Court of Pennsylvania · Jun 4, 2009

the intent of the parties; 3) the language of the contract must be construed, in case of ambiguity, against the party seeking immunity from liability; and 4) the burden of establishing the immunity is upon the party invoking … We agree with Pedal and the trial court, however, that the waiver is unambiguous and clearly reflects the intention of the parties to release Pedal from liability.

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.

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.

Appeal of Mellon Bank, N.A.

78 Pa. Commw. 463 · Commonwealth Court of Pennsylvania · Nov 22, 1983

Both were considered knowledgeable in their field and were well-qualified as expert witnesses. … Both employed the proper methods of evaluation. 4 And, it is well-established that the trial judge is the fact-finder in a tax assessment appeal, Park Drive Manor Tax Assessment Case, 380 Pa. 134 , 110 A.2d 392 (1955), and

R & R Express v. Commonwealth

37 A.3d 46 · Commonwealth Court of Pennsylvania · Feb 8, 2012

An agency’s interpretation should not be overturned unless it is clearly erroneous. Id. … As the introduction to the Audit Manual states: The purpose of these guidelines is to establish a uniform procedure for [IFTA] jurisdictions to follow in establishing jurisdiction audit procedures, employing and supervising

Arduino v. Borough of Dunmore

720 A.2d 827 · Commonwealth Court of Pennsylvania · Nov 19, 1998

an agency or its acquisition, use or disposal of services or of supplies, materials, equipment or other property”; and (2) “any minute, order or decision by an agency fixing the personal or property rights, privileges, immunities … The facts in Murray are clearly distinguishable, and the holding in that ease is therefore inapplicable to this matter.

Nauss v. Commonwealth

41 Pa. Commw. 130 · Commonwealth Court of Pennsylvania · Mar 9, 1979

Established can only mean established with the County Board of Assistance, the only source of benefits. … The regulation at issue clearly provides that assistance is to begin on the first payment date after the pregnancy has been established, which the record indicates would have been June 21, 1976, accepting the June 10, 1976

Bureau of Traffic Safety v. Shultz

25 Pa. Commw. 598 · Commonwealth Court of Pennsylvania · Jul 22, 1976

Qualified personnel means a physician or a police officer who has received training in the use of such equipment in a training program approved by the secretary. … We believe that the plain language of the statute and the cited authority clearly establish that, as a *603 condition precedent to a suspension of operating privileges pursuant to Section 624.1(a), the arresting officer 2

In re Kates

38 Pa. Commw. 145 · Commonwealth Court of Pennsylvania · Oct 16, 1978

This action, however, was reversed by the lower court, which found that Crest-view had failed to establish the hardship necessary for the grant of a variance. *148 In March, 1974, Cheltenham Township (Township) Commissioners … Furthermore, the challenging party must clearly establish that the Ordinance is arbitrary and unreasonable, with no relation to the public health, safety, morals and general welfare, and if the validity is debatable the court

Lutheran Social Services v. Adams County Board for Assessment & Revision of Taxes

26 Pa. Commw. 580 · Commonwealth Court of Pennsylvania · Oct 18, 1976

The cottages are, in effect, 'small dwellings occupied by individuals (cottagers) who have qualified for the program, and *583 for whom the Home agrees to perform all of the routine maintenance functions necessary to keep … establishes that one of the practical purposes of the cottage program here was to provide revenue to pay the expenses of 60% of the persons in the main *587 building who have no funds.

City of Hope v. Sadsbury Township Zoning Hearing Board

890 A.2d 1137 · Commonwealth Court of Pennsylvania · Jan 17, 2006

Here, evidence of record establishes that the use of the Property as a campground ceased for a period of more than 2 years. … We note a finding, based on RLUIPA’s legislative history, that RLUIPA “does not provide religious institutions with immunity from land use regulation.” Murphy v.

Watrel v. Commonwealth, Department of Education

88 Pa. Commw. 1 · Commonwealth Court of Pennsylvania · Feb 22, 1985

C. iS. §5931. 6 *5 To the extent that the secretary may have purported to represent “the Commonwealth”, including SERB, we note the well-established principle that one who deals with a state official is “bound to know the … Even if DOE possessed the power to bind SERB to the settlement agreement, any provision permitting outright purchase of service credits is contrary to statute and therefore unenforceable; clearly, DOE could not do for SERB

In Re: Nomination Petition of Joseph Vodvarka as a Candidate of the Democratic Party for the United States Senate in the Primary Election of April 26, 2016 Petition of Joseph A. Sestak, Jr.

135 A.3d 246 · Commonwealth Court of Pennsylvania · Mar 30, 2016

In sum, the [PVRA] establishes more than one mechanism for correcting the address , of an elector who moves within the county. … The term “election district” is. defined in the Election Code as “a district, division or precinct, established in accordance with the provisions of this act, within which all qualified electors vote at one polling place.

Boyer v. City of Philadelphia

692 A.2d 259 · Commonwealth Court of Pennsylvania · Mar 27, 1997

Ruth’s inconsistent testimony, Boyer could not establish a permanent loss of body function. The trial court found that Dr. … Ruth clearly indicates that Boyer’s condition will not resolve and, in fact, will progressively worsen.

American Electric Power Service Corporation v. Commonwealth of PA

160 A.3d 950 · Commonwealth Court of Pennsylvania · May 4, 2017

If all sales for resale are not exempt, AEPSC then argues that its sales to LIDA qualify for the resale exemption10 because LIDA is a political subdivision. … It is the definition to be used in all statutes “unless the context clearly indicates otherwise.” 1 Pa. C.S. § 1991.

City of Scranton v. Bureau of Workers' Compensation

787 A.2d 1094 · Commonwealth Court of Pennsylvania · Jul 24, 2001

It is true that the mere possession of discretionary power by an administrative body does not make it wholly immune from judicial review, but the scope of *1098 that review is limited to the determination of whether there … The self-insured employer pursuant to its responsibilities under this section shall employ or otherwise make available qualified accident and illness prevention personnel.

In Re Erie Golf Course

963 A.2d 605 · Commonwealth Court of Pennsylvania · Jan 7, 2009

Insurance Department, 123 Pa.Cmwlth. 578, 585 , 554 A.2d 618, 622 (1989)), where the Supreme Court, citing 1 Pa.C.S. § 1903, referred to a “well-established cannon of construction that courts should generally apply qualifying … words or phrases to the words immediately preceding them” and stated that “[qualifying words ‘do not extend to or include other words, phrases or clauses more remote, unless such extension or inclusion is clearly required

Colello v. Commonwealth, Unemployment Compensation Board of Review

89 Pa. Commw. 354 · Commonwealth Court of Pennsylvania · May 20, 1985

The claimant had filed his AB after a qualifying separation from his full-time employer, Sharon Steel Corporation, on December 18, 1981. … Clearly, none of these subsections addresses the withholding of material information in regard to the validity of an AB.

Bussoletti v. Department of Public Welfare

59 A.3d 682 · Commonwealth Court of Pennsylvania · Dec 19, 2012

DPW’s regulations clearly allow providers to discontinue *687 service provided they meet certain notice requirements. 55 Pa.Code § 52.61. … Nevertheless, at the hearing, the parties established the relevant facts. Both sides presented testimony.

In re Sale of Real Estate By Monroe County Tax Claim Bureau

91 A.3d 265 · Commonwealth Court of Pennsylvania · Apr 30, 2014

As we stated in First Niagara Bank: The sheriff was directed to serve notice on [First Niagara Bank], and the [Sheriffs Return] clearly states that service had, in fact, been properly effectuated. … “[I]n the absence of fraud, the return of a sheriff, which is full and complete on its face, is conclusive and immune from attack by extrinsic evidence!.]” Id.