Case law

Perez v. Borough of Kennett Square

18 Pa. Commw. 425 · Commonwealth Court of Pennsylvania · Apr 17, 1975

Commonwealth Ct. 632 , 298 A. 2d 629 (1972), this court held that a printing business conducted by a physically handicapped resident did not qualify as a home occupation. … The appellants’ activities at their basement garage described in the record clearly fall within this definition.

City of Pittsburgh v. Trosky

156 Pa. Commw. 454 · Commonwealth Court of Pennsylvania · Jun 25, 1993

The civil service commission shall maintain a list of those persons qualified for promotion to the next superior position, from which list the director of the department of public safety shall make all promotions from among … was not an “adjudication” within the meaning of 2 Pa.C.S. § 101 which defines the term as follows: Any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities

McCue v. State Employes' Retirement Board

138 Pa. Commw. 300 · Commonwealth Court of Pennsylvania · Mar 4, 1991

First, claimants assert that Furgiuele did not establish a new principle of law either by overruling clear past precedent, or by deciding an issue of first impression whose resolution was not clearly foreshadowed. … As a Ninth Circuit case, it cannot be said that Cantwell clearly foreshadowed the decision in Furgiuele.

Bradley v. Casey

119 Pa. Commw. 180 · Commonwealth Court of Pennsylvania · Aug 26, 1988

Commonwealth, 517 Pa. 65 , 534 A.2d 760 (1987). 1 In reversing this Court, 2 the Supreme Court held that those provisions of the Judicial Code 3 which required counties to fund the judicial system “is in conflict with the intent clearly … Allegheny decision; the asserted budget appropriations duties involve discretionary acts not warranting mandamus relief; the Governor has no duty to act until presented with legislation; and the plaintiffs’ failure to follow established

Bryson v. Oxford Motorcycle Club, Inc.

16 Pa. Commw. 229 · Commonwealth Court of Pennsylvania · Nov 19, 1974

We find no difficulty in affirming the conclusion of the Board that appellee did not qualify under Section 400(g). … No citation of authority is needed to establish that a nonprofit corporation can engage in a commercial activity. Jones et al. v. Zoning Hewing Board et al., 7 Pa.

Dietrich Industries, Inc. v. Workers' Compensation Appeal Board

725 A.2d 252 · Commonwealth Court of Pennsylvania · Feb 26, 1999

. §§ 2271-2322 (Trade Act), like its predecessor the Trade Expansion Act of 1962, established a program of worker adjustment assistance to assist workers displaced by increases in imports. 4 Trade Act benefits were intended … Contrary to Employer’s assertion, the source of the payments received by a claimant is clearly a criterion in determining an employer’s right to credit under the Act.

Black v. Board of School Directors of Wyalusing Area School District

43 Pa. Commw. 200 · Commonwealth Court of Pennsylvania · Jun 4, 1979

This conclusion is, clearly erroneous because the issue of whether or not the petitioner had been demoted was rendered res judicata by our previous decision. … The testimony before the Board in the instant case established that the school district administrators desired to reorganize and upgrade the administration of their elementary schools in order to correct deficiencies in the

Strawbridge & Clothier, Inc. v. Board of Assessment Appeal

89 Pa. Commw. 198 · Commonwealth Court of Pennsylvania · May 8, 1985

The order of proof in establishing a common level ratio is well settled. … Although the Board’s testimony may have asserted that a ten percent ratio was applied, there was clearly no evidence which could have established this to be a fact.

Matakonis v. Commonwealth

52 Pa. Commw. 567 · Commonwealth Court of Pennsylvania · Jul 7, 1980

The sole issue for resolution is this: whether the referee capriciously disregarded competent medical evidence by failing to establish a causal connection between decedent’s work and his death. 2 Three qualified medical experts … and Munir respectively, though in response to the same hypothetical. *571 Claimant’s son testified that decedent complained on March 10th of a “terrific pain in his chest” beginning “last night at work,” while the widow clearly

Vanderhoef v. Office of Susquehanna County Board of Assessment

960 A.2d 212 · Commonwealth Court of Pennsylvania · Nov 7, 2008

The trial court reasoned that such language serves to qualify and limit the exemption. … Consequently, the trial court’s acceptance of the Assessment Board’s exemption of only one acre was clearly an error of law which must be reversed.

N. Hite v. City of McKeesport and City of McKeesport Firefighters Pension Plan Board

Commonwealth Court of Pennsylvania · Mar 11, 2024

At the hearing, testimony established that Hite had undergone surgeries in March 2010, October 2010, and March 2013. See Notes of Testimony (N.T.), 8/5/19, at 10, 24-25. … Alternatively, a participant could qualify for benefits for a non-service-related injury, provided the participant had completed five years of credited service.

Nagle v. Commonwealth

48 Pa. Commw. 295 · Commonwealth Court of Pennsylvania · Jan 4, 1980

Superior Ct. 221, 237 , 173 A.2d 811, 819 (1961): Where an administrative agency is clothed with discretion in the discharge of its duty, the court will not interfere unless the record clearly establishes that there has been … It is true that mere possession of discretionary power by an administrative body does not make it wholly immune from judicial review, but the scope of that review is limited to the determination of whether there has been

Senator Jay Costa, Pa. 43rd District v. Secretary Pedro A. Cortes

143 A.3d 430 · Commonwealth Court of Pennsylvania · Apr 20, 2016

With this backdrop, the Court now considers whether Petitioners have established all of the essential prerequisites to preliminary injunctive relief, looking first to whether they have established a clear right to relief—i.e … There are clearly burdens and consequences that result from the unfortunate timing of the General Assembly’s action.

Commonwealth, Department of Transportation v. Limestone Products & Supply Co.

72 Pa. Commw. 360 · Commonwealth Court of Pennsylvania · Feb 28, 1983

authority to enter into the settlement agreement here, I do not believe that a valid settlement agreement exists. 2 I would also note that the procedure for settling claims against the DOT is readily ascertainable and is clearly … S. §8541 (providing for governmental immunity). In short, I do not believe that the Commonwealth should pay for the misdeeds of counsel acting in direct contravention of the established legal authority.

Larsen v. Senate of Pennsylvania

166 Pa. Commw. 472 · Commonwealth Court of Pennsylvania · Aug 5, 1994

Pursuant to a prompt hearing, the factual record has been established. … VI, § 6 makes clear that the impeachment process does not displace liability to criminal prosecution, thus establishing that the two processes' are distinctly separate.

Pennsylvania State Corrections Officers Ass'n v. Commonwealth

976 A.2d 1236 · Commonwealth Court of Pennsylvania · Jul 13, 2009

Because this portion of the Award by the Board is clearly in excess of its authority, it is vacated and that provision is subject to grievance arbitration. III. … It contends that this is clearly contrary to Section 903 and beyond the authority of the Board. .

County of Lehigh v. Lehigh County Deputy Sheriffs' Ass'n

52 A.3d 376 · Commonwealth Court of Pennsylvania · Apr 24, 2012

Whether The Arbitration Award Conflicts With Established Pennsylvania Law? … Article V established that “ ‘the workweek shall consist of five (5) consecutive work days in a pre-established work schedule for a total of forty hours (40) per week ...

Jackson v. York City Zoning Board

5 Pa. Commw. 271 · Commonwealth Court of Pennsylvania · May 1, 1972

The record indicates clearly that the City Solicitor testified as an interested private citizen and neighboring property owner and not in his official capacity. … Section 1401-3, quoted above, clearly sets forth the standard Avhieh must be met by a property owner desiring a “variance.”

In re Determination of Board for Assessment

2 Pa. Commw. 281 · Commonwealth Court of Pennsylvania · Jun 8, 1971

On this substantial dairy farm, with two additional purchases made later, the appellee established the Blue Mountain Academy. … By doing this, it has eliminated from exemption considerable property that might otherwise have qualified.

Gtech Corp. v. Commonwealth, Department of Revenue

965 A.2d 1276 · Commonwealth Court of Pennsylvania · Feb 24, 2009

As observed above, the facts as pled establish that the Department violated the Procurement Code with respect to the Department’s conduct of GTECH’s bid protest. … because immunity is an affirmative defense that must be raised in a responsive pleading as new matter.