Case law

Czop/Specter, Inc. v. PennDOT

Commonwealth Court of Pennsylvania · Dec 15, 2015

amount owed) would not qualify for the offset program. … and official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity.

Dornblum v. Commonwealth

77 Pa. Commw. 547 · Commonwealth Court of Pennsylvania · Oct 14, 1983

In an appeal of that decision, the Board declared Claimant ineligible under both sections stating that she failed to qualify for benefits under Section 401(d)(1) but also under Section 402(b)-(1) because she had not demonstrated … The standard to which Claimant was held by the Board in determining her eligibility under Section 402(b)(1) was clearly incorrect in light of Genetin . The record in the case at bar shows that Ms.

Travaglia v. Department of Corrections

699 A.2d 1317 · Commonwealth Court of Pennsylvania · Jul 29, 1997

In a reply brief, Travaglia asserts that the context of several telephone calls at the time of the requests established that they were made by Attorney Lesko’s law firm on behalf of Travaglia as their client. … Section 971 l(i) of the Sentencing Code, 42 Pa.C.S. § 9711(i), provides that no person shall witness an execution except for (1) the superintendent of the institution involved, (2) a qualified physician, (3) six reputable

Appeal of Gambone

143 Pa. Commw. 116 · Commonwealth Court of Pennsylvania · Oct 21, 1991

In order to qualify for a variance based on the vested rights doctrine, appellants must show they relied to their detriment on the Borough’s allowing their renovations, as well as establish the following elements of the five-prong … The economic hardship resulting from appellants not being permitted to implement their expansion, if any exists, is clearly self-inflicted.

Shimko v. Commonwealth

54 Pa. Commw. 578 · Commonwealth Court of Pennsylvania · Nov 18, 1980

The regular Pennsylvania unemployment compensation program provided for up to 39 full weeks of benefits for qualified applicants. … Our holding in Lents clearly bars this type of collateral attack.

Township of Ross v. McDonald

60 Pa. Commw. 290 · Commonwealth Court of Pennsylvania · Jul 1, 1981

Clearly, such is not the case. Many governmental officials, who clearly have officer status — such as mayors or state cabinet members or judges — also have the status of employee with respect to compensation. … Neville Township to be determinative unless all of the criteria established by that case are met.

Council 13 v. Commonwealth

954 A.2d 706 · Commonwealth Court of Pennsylvania · Jul 23, 2008

Florida, 517 U.S. 44 , 116 S.Ct. 1114 , 134 L.Ed.2d 252 (1996) (holding that states are immune from private suits in federal court and that Congress lacks the authority to abrogate that immunity); Printz v. … It is not the FLSA but, rather, the Executive Board that established the biweekly pay schedule for State employees.

Concerned Citizens v. Larson

48 Pa. Commw. 241 · Commonwealth Court of Pennsylvania · Jan 2, 1980

He applied to the Department for a highway occupancy permit for two access points to serve his commercial establishment, one such access point being located on Price Street and the other on High Street. … C.S. §504. 1 The Department’s Motion for Summary Judgment alleges that Petitioners lack standing’, that the provisions of the Act do not apply to the issuance of a highway occupancy permit and that sovereign immunity is a

Trotz v. Commonwealth

90 Pa. Commw. 388 · Commonwealth Court of Pennsylvania · Jul 15, 1985

Clearly the University is neither a State-owned educational institution nor a community college, 'and neither party so contends. … No. 3, P.L. 87, as amended, 24 *393 P.S. §2510-202, established the University .as a “state-related institution in the Commonwealth system of higher education.”

Robert Morris College v. Board of Property Assessment

5 Pa. Commw. 648 · Commonwealth Court of Pennsylvania · Jun 9, 1972

On March 20, 1962, it qualified as a Pennsylvania non-profit corporation operating under the name of “The Robert Morris School.” … The record clearly shows that a statute of this Commonwealth requires the half-million dollar figure.

Clarke v. House of Representatives of the Commonwealth

957 A.2d 361 · Commonwealth Court of Pennsylvania · Sep 26, 2008

As we stated in Schneck , “it is a well-established principle of law that where a state statute preempts local governments from imposing regulations on a subject, any ordinances to the contrary are unenforceable.” 383 A.2d … The majority concluded that Section 6120 “clearly preempts local governments from regulating the lawful ownership, possession and transportation of firearms[.]” Id. at 229-30 .

Armour Pharmacy v. Bureau of WC Fee Review Hearing Office (Wegman's Food Markets, Inc.)

206 A.3d 660 · Commonwealth Court of Pennsylvania · Mar 29, 2019

We disagreed and reasoned, inter alia, that the Bureau had to promulgate a regulation before WCJs could qualify vocational experts. … With these principles in mind, we turn to the fee review requirements established in the Act.

Curl v. Solanco School District

936 A.2d 183 · Commonwealth Court of Pennsylvania · Nov 15, 2007

In addition to *186 recognizing the deference Courts give to an agency’s broad discretionary power to establish rules and regulations, this Court also noted that 1 Pa.Code § 1.4 provides agencies with the power to issue guidelines … CSPG 40 clearly does delineate the two types of supervisory certificates.

Brown v. PA. DEPT. OF CORRECTIONS

913 A.2d 301 · Commonwealth Court of Pennsylvania · Dec 29, 2006

The Hearing Examiner denied the request because the report was clear and Lieutenant Blakey was not needed to establish guilt or innocence. … Brown is a well-qualified abusive litigator within the meaning of the PLRA. Also, Brown was not prevented from filing his lawsuit. The Respondents moved to dismiss.

Grant Builders v. Commonwealth

33 Pa. Commw. 591 · Commonwealth Court of Pennsylvania · Feb 16, 1978

Clearly, a claimant must sustain the burden of proving the existence of an employment relationship *594 if he is to qualify for compensation. Barr v. B &B Camper Sales, 7 Pa. Commonwealth Ct. 323, 300 A.2d 304 (1973). … The referee’s findings also establish that: (1) the parties had no written contract, (2) Burge was. paid at a set rate established by Grant based on the number of “squares” which he repaired on a roof, (3) Grant purchased

Merchant v. State Bd. of Medicine

162 Pa. Commw. 332 · Commonwealth Court of Pennsylvania · Mar 2, 1994

In ruling on preliminary objections, we accept as true all well and clearly pleaded facts as well as all inferences which are reasonably deducible therefrom. State Troopers Association v. … In a May 25, 1993 order, the Board voted to temporarily suspend Merchant’s license, finding that the prosecuting attorney had alleged facts in her petition that, if true, establish that the continued practice of medicine

Mars Emergency Medical Services, Inc. v. Township of Adams

704 A.2d 1143 · Commonwealth Court of Pennsylvania · Jan 7, 1998

Thus, far from prohibiting local involvement, the legislature clearly encourages such involvement if it does not conflict with the provisions of Act 45. … Mars EMS claims that the Municipalities’ designations conflict with the coordinated, unified system of emergency medical services established by Act 45.

Wayne County Board of Assessment v. Rolling Hills Girl Scout Council

19 Pa. Commw. 484 · Commonwealth Court of Pennsylvania · Jun 5, 1975

Each assessment must be appealed in accordance with the procedure established by the statute. Grandvieio Cemetery Association, supra. … However, the record before us establishes convincing evidence that carries Rolling Hill’s burden of proof and additionally establishes facts easily distinguishable from those in Mount Vernon Hebrew Camps, supra.

Draving v. Lower Southampton Township Zoning Hearing Board

40 Pa. Commw. 243 · Commonwealth Court of Pennsylvania · Feb 1, 1979

The Board denied the Dravings’ application on the grounds that their ceramic operation did not qualify as a permitted accessory use under the zoning ordinance, and that appellants did not show such hardship as would justify … Moreover, appellee submitted no evidence to establish that his intended use was one customarily conducted in dwellings. 393 Pa. at 404 , 143 A.2d at 60 .

R.E. Johnson v. G.M. Little, Secretary PA DOC

Commonwealth Court of Pennsylvania · Jul 6, 2023

and official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity. … Sovereign immunity may be waived, however.