Case law

Bilotta v. Secretary of Education

8 Pa. Commw. 631 · Commonwealth Court of Pennsylvania · May 3, 1973

abol *634 ished, 1 and not having favorable consideration for other administrative appointments for which he was qualified. … As clearly developed by the Secretary of Education in his opinion, we hold this relates merely to the procedure of the appeal, *635 not to the vote after the hearing.

Newspaper Holdings, Inc. v. New Castle Area School District

911 A.2d 644 · Commonwealth Court of Pennsylvania · Nov 22, 2006

Appellants do not dispute that the Settlement Agreement here generally qualifies as a “public record” under the RTKL. … in relevant part, as: Any account, voucher or contract dealing with the receipt or disbursement of funds by an agency ... and any minute, order or decision by an agency fixing the personal or property rights, privileges, immunities

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

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.

Williamson v. Department of Public Welfare

166 Pa. Commw. 79 · Commonwealth Court of Pennsylvania · Jul 15, 1994

It was clearly the son’s responsibility to prove that there was no impropriety present in the transaction and he failed to persuade the fact finder. … return to that resident property. (2) The title to the resident property was transferred to the person’s spouse or child who is under 21 years of age, or a child who is blind or disabled regardless of age. (3) It can be established

Colonial Beef Co. v. Commonwealth, Unemployment Compensation Board of Review

68 Pa. Commw. 627 · Commonwealth Court of Pennsylvania · Sep 10, 1982

Commonwealth Ct. 292, 293 , 398 A.2d 1110, 1111 (1979), which generally can be established by demonstrating that the employee deliberately violated the employer’s work rules. Johnson at 471 , 422 A.2d at 224 . … This testimony clearly does not qualify as competent medical evidence.

Nilo, Inc. v. Pennsylvania Liquor Control Board

805 A.2d 698 · Commonwealth Court of Pennsylvania · Aug 27, 2002

Two new retail liquor licenses became available in Cranberry Township, Venango County. 2 Five establishments submitted applications for the licenses: Allegheny Steak and Pasta Grill, Inc. … to properly invoke that jurisdiction because they failed to appeal the Board’s separate orders granting licenses to HTA and Pappan’s, and thus failed to bring this aspect of the decision before common pleas for review. 7 Clearly

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 .

Community Service Foundation, Inc. v. Bucks County Board of Assessment & Revision of Taxes

672 A.2d 373 · Commonwealth Court of Pennsylvania · Feb 28, 1996

Margaret Seneca Place clearly demonstrated that the nursing home paid a significant portion of the residents’ costs. Such evidence is lacking in the present controversy. … At trial, CSF did not establish that it pays a substantial portion of the costs of its programs.

Snyder v. Commonwealth, Department of Public Welfare

89 Pa. Commw. 260 · Commonwealth Court of Pennsylvania · May 14, 1985

Her minor son qualifies as “chronically needy” due to his status as under the age of eighteen years. 62 P.S. §432(3) (i) (A). … a similar person who is qualified for Federal financial assistance.

R. Carpenter v. William Penn S.D.

Commonwealth Court of Pennsylvania · May 4, 2023

established entitlement to judgment as a matter of law.” … The School District acknowledged, however, that Carpenter was “minimally qualified for each position” for which he applied.

Philadelphia v. Human Relations Commission

4 Pa. Commw. 506 · Commonwealth Court of Pennsylvania · Feb 24, 1972

It is only after a proper application is filed that the City can apply its standards to determine whether a person is qualified for the job sought. … The Act, supra, at 43 P.S. 957,. establishes the powers and duties of the Commission with regard to complaints.

Magazine Publishers of America v. Commonwealth

151 Pa. Commw. 592 · Commonwealth Court of Pennsylvania · Nov 25, 1992

Tax legislation will not be declared unconstitutional *602 unless it clearly, palpably and plainly violates constitutional rights. Id. … ” qualified to carry a "legal advertisement” as those terms are defined in 45 Pa.C.S. § 101 (relating to definitions), not including magazines.

City of Pittsburgh v. Duquesne Light Co.

50 Pa. Commw. 259 · Commonwealth Court of Pennsylvania · Mar 28, 1980

We note, therefore, that the Commission’s first two findings relate to statistical evidence introduced to establish that Duquesne’s general employment practices were discriminatory. … Smith from qualifying. While it is true that Mr.

Hecktown Volunteer Fire Co. No. 1 v. Commonwealth

14 Pa. Commw. 586 · Commonwealth Court of Pennsylvania · Aug 9, 1974

Although an investigation by the PLCB concluded that the Appellant was qualified for a club liquor license, the application of Appellant was denied because the PLCB determined that the municipality in which the Appellant … (Emphasis supplied. ) The population of Lower Nazareth Township was established by the 1970 census to be 2091.

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.

Capital City Lodge No. 12 v. City of Harrisburg

138 Pa. Commw. 475 · Commonwealth Court of Pennsylvania · Mar 19, 1991

The way this procedure operated was to rank and place the names of all minority and female officers who qualified on a minority list, and to rank and place the names of all majority officers who qualified on a separate majority … Accordingly, because the FOP did not establish that it was clearly entitled to relief, the trial court’s order sustaining of the City’s Preliminary Objections is affirmed. 9 ORDER AND NOW, this 19th day of March, 1991, the

R.J. Whalen v. PSERB

Commonwealth Court of Pennsylvania · Oct 27, 2020

Here, the Board concluded that the Settlement Agreement is not ambiguous, but rather clearly establishes the parties’ obligations. … The law is well-established that “[w]here the terms of a contract are clearly expressed, interpretation of those terms must be determined from the language itself.

Pittsburgh Trust for Cultural Resources v. Zoning Board of Adjustment

145 Pa. Commw. 503 · Commonwealth Court of Pennsylvania · Feb 14, 1992

Secondly, the Trust and the Association contend that they clearly established “appearance standing” by unequivocally appearing at the hearing as parties “opposed” to the relief requested by owners, even without any showing … This evidence, along with testimony in the record before the Board, clearly indicate that permitting owners to establish their arcade within a 200 foot range of Benedum Center, has a direct and immediate effect upon the Trust

Allen v. DEPT. OF STATE, BUR. OF PROF.

141 Pa. Commw. 418 · Commonwealth Court of Pennsylvania · Jul 24, 1991

Clearly, self-employment cannot be used as experience to meet the supervision requirement. The review by an unrelated accountant or firm is also insufficient. … ‘confer authority and discretion in connection with the execution of the law [to another body]; it may establish primary standards and impose upon others the duty to carry out the declared legislative policy in accordance