Case law

COM., DEPT. OF TRANSP. v. Fiester

136 Pa. Commw. 342 · Commonwealth Court of Pennsylvania · Nov 28, 1990

An arrestee is entitled to this information so that his choice to take a breathalyzer test can be knowing and conscious and we believe that requiring the police to qualify the extent of the right to counsel is neither onerous … Based upon the record made before the common pleas court, it is clear that the Department established these elements.

City of Scranton v. City of Scranton

136 Pa. Commw. 483 · Commonwealth Court of Pennsylvania · Dec 5, 1990

We have, therefore, required that in such claims, the injuries’ occurrences and causes be clearly delineated. … This causal connection was clearly established by the testimony of the medical experts. (R.R. 154a-157a, 199a-200a, 202a-203a).

Commonwealth v. Atlantic & Gulf Stevedores, Inc.

30 Pa. Commw. 512 · Commonwealth Court of Pennsylvania · Jun 13, 1977

As we understand it, appellant does not, as it must to qualify for apportionment, argue that it is carrying on activities both “within and without this Commonwealth” under Section 2, even though it could possibly do so in … While “doing business” is an elusive term which is not defined in the CNIT and has no clearly established meaning under case law, to the extent it has been defined it has been equated with an exercise of the corporate power

Harman v. Housing Finance Agency

108 Pa. Commw. 285 · Commonwealth Court of Pennsylvania · Aug 7, 1987

It is true, of course, that the Agency’s interpretation of the Law is entitled to great weight and should be overturned only if its construction is clearly erroneous, Melrose v. … We believe, therefore, that, while the petitioner may have failed to establish sufficient monthly income to qualify for assistance, this decision may not be based solely on a presumption not provided for in the statute or

Universal AM-CAN, Ltd. v. Workers' Compensation Appeal Board

870 A.2d 961 · Commonwealth Court of Pennsylvania · Mar 16, 2005

Clearly, jurisdiction was never an issue. Further, WCJ Desimone found that there was an employer-employee relationship and that Minteer sustained a work-related injury. … This Court agrees with Petitioners’ argument that the Board erred when it determined that the doctrine of quasi-judicial immunity was applicable because here Petitioners are not seeking civil damages against the WCJ or the

De Botton v. Commonwealth

123 Pa. Commw. 65 · Commonwealth Court of Pennsylvania · Jan 24, 1989

DOT also seeks dismissal on the grounds of sovereign immunity and lack of adjudicatory ripeness. … Contrary to Petitioner’s assertions, evidence of record clearly demonstrates that DOT’s contemplated expenditures under the Agreement are for replacement parkland.

Unionville-Chadds Ford School District v. Chester County Board of Assessment Appeals

692 A.2d 1136 · Commonwealth Court of Pennsylvania · Apr 21, 1997

Du Pont opened the gardens to the public in the 1920s and established a trust (Trust) to maintain the gardens in about 1946. … Clearly, given our analysis above, the Longwood property is owned and held by trustees for the benefit of the public and is used for public purposes without profit.

Manley v. Fitzgerald

997 A.2d 1235 · Commonwealth Court of Pennsylvania · Jun 10, 2010

While tort immunity can be raised at any time, Redland Soccer Club, Inc. v. … Summary judgment may be granted only in those cases in which the record clearly shows that there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.

Water Polo, I, L.P. v. W. Hanover Twp. Sewer Authority

Commonwealth Court of Pennsylvania · May 15, 2026

To qualify for Act 43 relief, an owner/applicant must show that its average actual water usage in [gpd]/EDU is 30% less than the average actual water usage in gallons per day [gpd … Further, “[w]here the classification of users has not been proved to be unreasonable and is clearly uniform, flat rate sewer rental which reasonably relates to the value of the service rendered may be applied[.]”

Mulberry Square Elder Care & Rehab. Ctr. v. Dep't of Human Servs.

191 A.3d 952 · Commonwealth Court of Pennsylvania · Jul 26, 2018

The State Plan establishes financial eligibility criteria and identifies covered services and corresponding rates. … By contrast, “[a] properly adopted substantive rule establishes a standard of conduct which has the force of law,” establishing a “binding norm.” Id.; see Prof’l Ins. Agents Ass’n of Pa., Md. & Del., Inc. v.

Creaturo v. Workers' Compensation Appeal Board

707 A.2d 245 · Commonwealth Court of Pennsylvania · Feb 13, 1998

Blanc, within the last ten years medical studies and evidence have demonstrated that MI results from the rupture of plaques that line arteries, and that these studies clearly establish that MI does not result from physical … Blanc to be the more qualified medical expert and accepted his testimony as the more credible. Accordingly, we affirm the order of the Board.

C. Karolski v. PA DOC

Commonwealth Court of Pennsylvania · Oct 11, 2024

ordinarily must be raised in New Matter, “a party may raise the affirmative defense of immunity as a preliminary objection where it is clearly applicable on the face of the [petition for review … immunity.

Kaite v. Unemployment Compensation Board of Review

175 A.3d 1132 · Commonwealth Court of Pennsylvania · Nov 29, 2017

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor … In order to qualify for First Amendment protection, a claimant’s beliefs must be sincerely held and the beliefs must be “religious in nature, in the claimant’s scheme of things.” Monroe v.

Mon Valley Unemployed Committee v. Department of Public Welfare

152 Pa. Commw. 324 · Commonwealth Court of Pennsylvania · Dec 22, 1992

The Political Purpose Question Also, in this case, the committee has not established that it will not use the information for political purposes. … political purposes, the members of the committee are directly involved in the “Campaign to Remove the Welfare Lien,” a campaign which may well involve obtaining legislative enactments to amend or repeal the law, which would clearly

McGarry v. Workmen's Compensation Appeal Board

146 Pa. Commw. 594 · Commonwealth Court of Pennsylvania · Mar 27, 1992

Clearly, this evidence, if believed, would constitute sufficient evidence to support McGarry’s claim. … physician, and why he ignored the testimony of a second qualified physician.

First National Bank v. Department of Banking

7 Pa. Commw. 603 · Commonwealth Court of Pennsylvania · Mar 1, 1973

technical field of banking, but they may have knowledge of intangibles and imponderables, of strengths and weaknesses which may exist in a particular bank or in the broad banking situation in that banking area which are not clearly … or Department] is composed of able and experienced experts who are dealing with technical questions, a Court should be loath to find a clear abuse of discretion upon a subject or subjects as to which they are far better qualified

Dancer v. Commonwealth

10 Pa. Commw. 642 · Commonwealth Court of Pennsylvania · Sep 28, 1973

Though the stake race imposed no qualifying standards besides payment of the stake and fees, “The Colonial” generally drew the finest three-year-old trotters. *644 The judges at Liberty Bell Park, and the Commission on appeal … It is important to note here that the Rule does not *646 require a driver to drive every race to establish records, but merely to run comparable to the class in which he is then racing.

Ass'n of Community Organizations v. Guarino

99 Pa. Commw. 93 · Commonwealth Court of Pennsylvania · Jul 21, 1986

Code §5.5-801 , however, clearly states: The standards pursuant to which rates and charges shall be fixed by the Department shall be such as to yield the City at least an amount equal to operating expenses and interest and … In order to qualify for any reduction, the individual must apply through the Department of Collections for a rate reduction within the first billing period for which the reduction is sought. (2) The Water Commissioner is

Manor at St. Luke Village v. Department of Public Welfare

72 A.3d 308 · Commonwealth Court of Pennsylvania · Jul 10, 2013

In regulations promulgated to implement this general rule, DPW defines “aggrieved” as follows: A provider is aggrieved by an agency action if the action adversely affects the personal or property rights, privileges, immunities … It is clearly intended to address at the earliest possible time in the rate-setting process any disputes over the audit results, which will be used in later steps of the rate-setting process to ultimately establish the Case-Mix

Bortz Coal Co. v. Commonwealth

2 Pa. Commw. 441 · Commonwealth Court of Pennsylvania · Jul 9, 1971

Obedience to such regulation is not taking property without due process; that clause does not qualify the police power: C. B. and Q. Ey. Company v. Drainage Commissioners, 200 U.S. 561 ; Salem v. … Clearly, governmental bodies conld be so restricted by a court; but to even attempt to hold some governmental body of this Commonwealth to a fine or imprisonment makes no sense.