Case law

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

Krebs Chrysler-Plymouth, Inc. v. State Board of Vehicle Manufacturers, Dealers & Salespersons

655 A.2d 190 · Commonwealth Court of Pennsylvania · Feb 14, 1995

to” establish a dealership point in the Benke RMA There is nothing in the Board’s opinion suggesting that the Board has either forced Chrysler to establish a new dealer point or that Chrysler needs to establish a dealer point … The fact that Chrysler gave notice to dealers in the RMA of its intention to permit a dealer at the Gibsonia location — and engaged in a market study for that purpose and attended hearings before the Board — clearly belies

South Hills Health System v. Workers' Compensation Appeal Board

806 A.2d 962 · Commonwealth Court of Pennsylvania · Sep 12, 2002

Graham’s testimony indicates that Claimant lacked the necessary training for the Lenscrafters and Travel Agents International positions, and, therefore, she was not qualified for them. … She concluded that claimant would qualify for a weekly wage of $10.34 per hour. Therefore, Ms. Graham’s opinion establishes that the patient verification interviewer was not available as of 1997 when Dr.

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.

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.

In re Referendum on Question of Amending Pittsburgh Home Rule Charter

660 A.2d 184 · Commonwealth Court of Pennsylvania · Jun 5, 1995

of the Pittsburgh city government be separated and clarified by amending the Home Rule Charter as follows: (A) By adding to Article 2, Executive Branch, Section 204, Powers and Duties of the Mayor, the power and duty ‘to establish … Moreover, another reason for the strict time frame is the reasonable assumption that the signers of the Kiely petition may still not be qualified electors at the next available election.

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

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.

B.J. Chasan v. C.R. Stevens

Commonwealth Court of Pennsylvania · Jul 26, 2022

Immunity “[T]he law in Pennsylvania is well established that judges are absolutely immune from liability for damages when performing judicial acts, even if their actions are in error or performed with malice … Chasan alleges that Judges impermissibly decided questions of fact and credibility in rendering the Judicial Opinion, and that doing so did not qualify as a judicial act for purposes of judicial immunity.

Henkels & McCoy, Inc. v. Department of Labor & Industry

143 Pa. Commw. 264 · Commonwealth Court of Pennsylvania · Oct 25, 1991

. § 165-5 of the Act by not paying its workers on a public work project at the pay rate established for electricians (as opposed to telephone installers). 1 Petitioner appealed to the Board and the Board affirmed the Secretary … Accordingly, Petitioner argues that the labor component of the contract is insufficient to qualify the contract as a “public work” within the meaning of the Act.

Flannery v. UN. COMP. BD. OF REV.

125 Pa. Commw. 64 · Commonwealth Court of Pennsylvania · Apr 10, 1989

Commonwealth Ct. 86 , 455 A.2d 729 (1983) for the two-prong test necessary to qualify for unemployment benefits under the voluntary layoff option proviso. … Commonwealth Ct. 71 , 333 A.2d 807 (1975) which are clearly distinguishable from the instant case. In Aluminum Co. of America , claimant was initially laid off and then accepted an early retire *68 ment offer.

Coastal Tank Lines, Inc. v. Workmen's Compensation Appeal Board

72 Pa. Commw. 308 · Commonwealth Court of Pennsylvania · Feb 24, 1983

Employer argues that this evidence was uncontroverted and clearly established the availability of light work capable of being performed by Claimant. … The affidavit from an examining physician was attached, qualifying Employer for an automatic supersedeas under Section 413 of the Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §774.

Dragan v. Commonwealth

39 Pa. Commw. 599 · Commonwealth Court of Pennsylvania · Jan 10, 1979

Section 289.4(a)(2), which provided for Emergency Shelter Expenses, required a claimant to establish (1) that her situation qualified as an .emergency as defined in Section 289.2 .and (2) that she was homeless as a result … Upon leaving the hospital the petitioner here was no longer able to reside in her old apartment and she clearly *604 did not have .another apartment into which to move.

City of Pittsburgh Commission on Human Relations v. DeFelice

782 A.2d 586 · Commonwealth Court of Pennsylvania · Aug 14, 2001

Whether the DeFelices discriminated against the Fishers or the FHP testers in the rental of a housing unit when the evidence clearly showed that neither the Fishers nor the testers were determined to be qualified to rent … In particular, the DeFelices assert that the evidence presented clearly shows that neither the Fishers nor the testers were determined to be qualified to rent the property and were never denied the opportunity to rent the

Quinn v. COM., DEPT. OF TRANS.

719 A.2d 1105 · Commonwealth Court of Pennsylvania · Sep 14, 1998

A jury verdict will be set aside as inadequate when it appears to have been the product of passion, prejudice, partiality or corruption or where it clearly appears from uncontradicted evidence that the amount of the verdict … With those matters established at trial, the rest was purely legal argument. The Court concludes that this issue was not waived.

Southern Pines Trucking v. Commonwealth

42 A.3d 1222 · Commonwealth Court of Pennsylvania · May 2, 2012

In contrast, the tax assessed by the Department is for fuel consumption, paid by the licensee with qualified vehicles. … As to credits for fuel taxes paid, IFTA and the Act clearly require evidence to substantiate any credits claimed. 9 See 75 Pa.C.S. § 9604.

Darden v. Montgomery County Tax Claim Bureau

157 Pa. Commw. 357 · Commonwealth Court of Pennsylvania · Jul 28, 1993

In appeals from tax sales, this Court’s scope of review is limited to determining whether the trial court abused its discretion, rendered a decision without supporting evidence, or clearly erred as a matter of law. … In In re Upset Sale of Properties, 126 Pa.Commonwealth Ct. 280, 559 A.2d 600 (1989), this Court held that once a property owner paid at least 25% of the taxes due and made a prima facie showing of qualifying for a stay of

School District of Erie v. Erie Education Ass'n

749 A.2d 545 · Commonwealth Court of Pennsylvania · Mar 31, 2000

In addition, the collective bargaining agreement provided that qualified bargaining unit members were to be given priority in filling vacancies in the extracurricular position and that- established posting procedures would … The matter clearly involves whether the School District violated the provisions of the collective bargaining agreement when the School District filled the athletic director position.

Pennsylvania State Troopers Ass'n v. Commonwealth

145 Pa. Commw. 291 · Commonwealth Court of Pennsylvania · Jan 30, 1992

Although the original version of Section 5955 could be reconciled with Act 111, the Act 23 amendment cannot, as it clearly provides that arbitration awards reflecting pension rights shall not be construed to affect the provisions … In view of our determination that the petition for review must be dismissed for failure to state a cause of action, we will not address the Commonwealth’s second preliminary objection raising the defense of sovereign immunity

Gallagher v. Upper Darby Township

114 Pa. Commw. 463 · Commonwealth Court of Pennsylvania · Mar 17, 1988

The trial court concluded that the Township- was immune from suit. … S. §5525, Appellants action was clearly barred. Appellant concedes that as a general rule a statute of limitations begins to run as soon as the right to institute and maintain a suit arises.