• Your Towne Builders, Inc. v. Manheim Twp.

    Publication Date: 2023-10-23
    Practice Area: Public Utilities
    Industry: Construction | Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 331, 497, and 563 C.D. 2022

    Trial court properly entered judgment in favor of appellants and against appellees jointly and severally and enjoined them from charging their current water tapping fee but erred in calculating the amount of the refund after including portions of the authority constructed facilities (1984-1998) in the total cost basis of the water distribution system. Affirmed in part and reversed in part.

  • Sch. Dist. of Philadelphia v. Bd. of Revision of Taxes

    Publication Date: 2023-10-23
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 195 C.D. 2021

    Trial court properly quashed school district's tax assessment appeals because district's stated tax assessment appeal policy may have been facially neutral, but its haphazard implementation of the policy was not neutral and created systematic and disparate treatment of taxpayers. Affirmed.

  • Fruchter v. Borough of Malvern

    Publication Date: 2023-10-23
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 495 C.D. 2022

    Notice of suspension and Loudermill letter were not subject to disclosure under the Right-to-Know Law where neither resulted in demotion or discharge as police officer settled with municipality by voluntarily retiring in exchange for withdrawal of disciplinary charges. Order of the trial court affirmed.

  • Pfaff v. Heimbach

    Publication Date: 2023-10-23
    Practice Area: Government
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 30 C.D. 2022

    Trial court properly sustained appellees' preliminary objections to appellant's objections to board of supervisor's approval of an ordinance in a May 3, 2021 order but trial court erred in its Nov. 19 and Dec. 15, 2021 orders because it had no jurisdiction to issue those orders. Affirmed in part, vacated and remanded in part.

  • In re Petition for Objections & Exceptions to Upset Sale

    Publication Date: 2023-10-16
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 650 C.D. 2020

    Trial court had jurisdiction to issue the order consolidating the 2017 and 2018 dockets concerning an upset tax sale and to strike property owner's praecipe for discontinuance and withdrawal of objections at the 2017 docket but erred in granting successful bidder's motion to intervene. Affirmed in part and reversed in part.

  • Verizon Pennsylvania LLC v. Pennsylvania Pub. Util Comm'n

    Publication Date: 2023-10-09
    Practice Area: Public Utilities
    Industry: State and Local Government | Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 521 C.D. 2021

    Pennsylvania Public Utility Commission properly found plaintiff had been charged unlawfully high utility pole attachment rates and ordered a refund because PUC applied the incremental cost formula for pole attachment rates as set forth in the regulations, FCC precedent was not binding and the formula used produced an exact amount to be paid. Affirmed.

  • Anderson v. Pennsylvania Dep't of Corr.

    Publication Date: 2023-10-09
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 50 C.D. 2022

    Appellant appealed the trial court's order sustaining a preliminary objection in the nature of a demurrer based on sovereign immunity. The court reversed and remanded for further proceedings, holding that sovereign immunity was waived where appellant alleged negligence as to the care, custody or control of his personal property while the property was in appellees' possession.

  • Roberts v. Pennsylvania State Employees' Ret. Bd.

    Publication Date: 2023-10-02
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 339 M.D. 2022

    Petitioners asserted the 2017 amendment to the state employees retirement code was unconstitutional under art. V, §§1 and 16(a) of the Pennsylvania constitution and court found it was impossible to calculate an annuity of a defined-contribution retirement plan because it depended on individual choices and future market performance, the amendment did not violate art. V, §16(a) because the changes applied generally to all salaried officers of the commonwealth and petitioners did not demonstrate the 2017 plan was unconstitutional either

  • In re 4714 Morann Ave.

    Publication Date: 2023-10-02
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 909 C.D. 2022

    Trial court properly concluded the forfeiture of woman's home would impose an excessive and unconstitutional fine, given her lack of knowledge that drugs were sold from her home and her minimal culpability for the drug trafficking conspiracy. Affirmed.

  • Quiah v. The Devereux Found. Inc.

    Publication Date: 2023-10-02
    Practice Area: Personal Injury
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 408 C.D. 2021

    Trial court properly dismissed plaintiff's amended complaint asserting malicious prosecution and abuse of process claims because plaintiff's first complaint did not effect a transfer from federal court pursuant to 42 Pa.C.S. §5103(b) and by the time she filed her amended complaint with the certified transcript, the statute of limitations had run. Affirmed.