Case law

A. Saunders v. M. Munch

Commonwealth Court of Pennsylvania · Sep 6, 2024

They clearly had subject matter jurisdiction over Inmate’s criminal arraignment and preliminary hearing. … Third Circuit held in Murrell that, notwithstanding the Antoine holding, court reporters are still entitled to qualified immunity.

Way v. Berks County Board of Assessment Appeals

990 A.2d 1191 · Commonwealth Court of Pennsylvania · Mar 5, 2010

As neither the 10 acre nor $2,000 threshold was met, Taxpayer did not qualify for preferential use assessment under the Clean and Green Act. … The first three clearly fall under the definition of “agricultural use” and also make up the entirety of his 9.836 net acres of land.

Wilkins v. Commonwealth, Unemployment Compensation Board of Review

93 Pa. Commw. 367 · Commonwealth Court of Pennsylvania · Dec 9, 1985

course of business at or near the time of the act, condition or event, and if, in the opinion of the tribunal, the sources of information, method and time of preparation were such as to justify its admission. 3 Stambaugh was clearly … Within the discretion of the tribunal, the parties shall be permitted to present all evidence and testimony which they believe is necessary to establish their rights.

JAB Enterprises, Inc. v. Workmen's Compensation Appeal Board

79 Pa. Commw. 638 · Commonwealth Court of Pennsylvania · Jan 23, 1984

The doctor did not feel qualified to decide whether Employee could return to work because he had no way of measuring or evaluating her subjective pain. … Clearly this evidence indicates only that Employee was permitted to work by the doctor, not that she was able to work.

West Goshen Township v. Bible Baptist Church

11 Pa. Commw. 74 · Commonwealth Court of Pennsylvania · Nov 23, 1973

It is agreed that appellee qualifies in all respects for the special exception but for the fact that the zoning ordinance requires off-site water which is not available. … Appellant cites and relies on the long line of cases which properly establish that unnecessary hardship to the property in question must be established. Bee Borough of Ingram v. Sinicrope, 8 Pa.

West Goshen Township v. Crater

114 Pa. Commw. 245 · Commonwealth Court of Pennsylvania · Mar 7, 1988

In this respect, an owners burden to establish “single and separate ownership” is analogous to an owners burden to establish a nonconforming use. … Although a single tree had been planted on the boundary line, there were no physical features such as a fence or wall which would have clearly separated the lot.

Bretz v. Central Bucks School District

86 A.3d 306 · Commonwealth Court of Pennsylvania · Feb 21, 2014

The trial court next rejected the District’s assertion that Landowner’s claims were barred by governmental immunity. Citing E-Z Parks, Inc. v. … The trial court further determined that Landowner was not entitled to injunctive relief because she failed to establish a violation of the SALDO, and thus failed to establish negligence, and because the continued construction

O'Toole v. Pa. Dep't of Corr.

196 A.3d 260 · Commonwealth Court of Pennsylvania · Oct 16, 2018

However, the Department’s policy changes are clearly internal processes, and there is nothing on the face of the Petition that, even if accepted as true, would establish that the Department violated its policy adoption process … Mandamus is not available to establish legal rights, but is appropriate only to enforce rights that have been established. Stodghill v. Pa. Dep’t of Corr., 150 A.3d 547, 551 (Pa.

Purple Orchid, Inc. v. Pennsylvania State Police, Bureau of Liquor Control Enforcement

721 A.2d 84 · Commonwealth Court of Pennsylvania · Dec 14, 1998

After a de novo hearing, the trial *86 court adopted the ALJ’s and the Board’s findings of fact and made one additional finding that the testimony clearly established that the other major providers of erotic entertainment … However, the exact amount of protection to nude or topless dancing enjoys has not been clearly delineated.

Antonini v. Western Beaver Area School District

874 A.2d 679 · Commonwealth Court of Pennsylvania · May 13, 2005

The Legislature clearly intends that the unpaid citizen school directors shall have a qualified superintendent, who is a commissioned officer of the Commonwealth of Pennsylvania, present to provide the directors, as well … The trial court clearly determined the alleged misconduct was not “serious” within the Supreme Court’s holding in Burger .

In re Appeal of Irene's Cafe, Inc.

44 Pa. Commw. 20 · Commonwealth Court of Pennsylvania · Jul 3, 1979

The Board held that this evidence established that he was not a responsible person of good reputation. … As to the statutory provisions concerned, the legislature has clearly given the Board the power to promulgate regulations concerning the management of licensed premises.

Faith United Presbyterian Church v. Redevelopment Authority

7 Pa. Commw. 490 · Commonwealth Court of Pennsylvania · Dec 21, 1972

It merely established a question of credibility, which again was solely within the discretion of the jury to *497 determine. … Such evidence would be clearly irrelevant.

Lehighton Area School District v. Carbon County Board of Assessment

708 A.2d 1297 · Commonwealth Court of Pennsylvania · Jan 26, 1998

That investment clearly supports and improves the operation of the Hospital, and advances its overall mission of delivering health services. … However, our Supreme Court declined to establish a “magical percentage” in HUP, preferring to analyze this issue on a case by case basis.

R. Highley and B. Hurst v. PennDOT

Commonwealth Court of Pennsylvania · Oct 15, 2018

The Procurement Code both reaffirms the Commonwealth’s sovereign immunity and waives sovereign immunity for bid protests under Section 1711.1 of the Procurement Code. 62 Pa. C.S. § 1702. … C.S. § 1711.1 (establishing the right to challenge procurements by Commonwealth agencies).

Philadelphia Federation of Teachers, Local No. 3 v. Board of Education

51 Pa. Commw. 296 · Commonwealth Court of Pennsylvania · May 12, 1980

We read the agreements as clearly establishing that in each program there will be a separate single seniority for the certified and noncertified teachers who will be suspended or recalled in the order of their seniority in … Section 1201 of the Code, 24 P.S. §12-1201 provides in pertinent part as follows: Only those persons holding one of the folowing certificates shall be qualified to teach in the public schools of this Commonwealth — (1) Permanent

Cyga v. Workmen's Compensation Appeal Board

105 Pa. Commw. 544 · Commonwealth Court of Pennsylvania · Apr 30, 1987

This, however, is insufficient to establish Claimants eligibility for death benefits under the Act. … The facts in Burgess, and the statutory law of Alaska, are, however, clearly distinguishable. In Burgess the workman and his wife were divorced, but had resumed living together at the time of his work-related death.

A. Flitter v. Office of Judicial Records Criminal Div., First Judicial District of PA

Commonwealth Court of Pennsylvania · Jan 13, 2026

The complaint did not plead any facts that would establish any of the exceptions to sovereign immunity set forth in Section 8522 of what is commonly referred to as the Pennsylvania Sovereign Immunity Act (Sovereign Immunity … A demurrer “tests the legal sufficiency of the challenged pleadings and will be sustained only where the pleader has clearly failed to state a claim for which relief can be granted.” Id. (citation omitted).

Sodders v. Fry

32 A.3d 882 · Commonwealth Court of Pennsylvania · Dec 9, 2011

Proof that an applicable statute exists and that the defendant violated that statute establishes only the first two elements of negligence— duty and breach. Id. … Because Officer Fry did not qualify for the privileges found in Section 3105, he was required to abide by the posted speed limit.

Bellew v. Commonwealth, State Civil Service Commission

117 Pa. Commw. 447 · Commonwealth Court of Pennsylvania · Jul 5, 1988

On her Appeal Request Form, in response to directions that she state specifically the acts of discrimination, Appellant alleged only that she believed that her present classification clearly met the requirements of the next … Section 3(e) of that Directive defines “next lower position” as a position in: (1) the next lower class in the same class series; or (2) a lower level class for which the appointing authority can establish a logical occupational

Moore v. PA. DEPT. OF JUSTICE

114 Pa. Commw. 56 · Commonwealth Court of Pennsylvania · Feb 25, 1988

Rather, it defines what acts may constitute negligence, assuming that a duty is independently established. See Rich v. … City of Philadelphia, 516 Pa. 316, 319 , 532 A.2d 411, 413 (1987), wherein the court stated: In Mascaro, we held that the Tort Claims Act, specifically 42 Pa.C.S. §8541, clearly precludes the imposition of liability on the