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Publication Date: 2019-08-26
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1002
Appellant property owners challenged trial court's dismissal of their complaint alleging taxing authorities did not have the right to appeal assessed values on the basis of current market value pursuant to §5-207.06(B)(7) of the county administrative code and board rule IV, §3A and court agreed with trial court that the complaint had to be dismissed but disagreed as to the grounds, finding appellants should have exhausted the assessment law appeal process before bringing a complaint before the trial court. Affirmed.
Publication Date: 2019-07-01
Practice Area: Employment Litigation
Industry: Construction | Real Estate
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0764
Unemployment compensation review board erred in finding that claimant was self-employed because claimant's prudent investment in his brother's business did not represent disqualifying self-employment under §402(h) where the evidence showed claimant did nothing for the company and received income akin to dividends. Reversed.
Publication Date: 2019-06-17
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0696
Although zoning board erred by placing burden on landowner to present evidence regarding "total impact" of proposed use under special exception, objectors had only presented speculative and irrelevant evidence where the proposed use was a permissible use under the zoning ordinance. Order of the trial court reversed, case remanded.
Publication Date: 2019-06-17
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0689
The trial court erred in dismissing defendant's appeal as Robinson Township did not comply with the mandatory enforcement notification requirements of Pennsylvania's Municipalities Planning Code §616.1 before issuing defendant a citation based on alleged violations of its zoning ordinance and seeking penalties under §617.2. The appellate court reversed.
Publication Date: 2019-06-10
Practice Area: Administrative Law | Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0682
Trial court properly dismissed property owner's complaint seeking relief from property reassessments and asserting a class action but court affirmed, on another ground, that property owners failed to exhaust the remedies available to them pursuant to the second class county assessment law. Affirmed.
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Publication Date: 2019-03-25
Practice Area: Regulation
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0324
Real estate salesperson license applicant's failure to disclose prior federal felony convictions warranted revocation of license because it constituted a "false representation" and represented an act of dishonesty. Order of the State Real Estate Commission affirmed.
Publication Date: 2019-03-25
Practice Area: Tax
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0330
Trial court properly denied appellants' challenge to the lack of a post-tax-sale right of redemption for citizens of certain classes of counties under the real estate tax sale law as a violation of their due process and equal protection rights and the court agreed the RETSL did not violate the right to equal protection under the law and satisfied the rational basis review. Affirmed.
Publication Date: 2019-01-29
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0074
Where plaintiff was not eligible for benefits under the Heart and Lung Act, a letter advising him of his ineligibility was not an adjudication affecting his personal or property rights and, thus, not a decision from which claimant could take an appeal. The commonwealth court dismissed claimant's appeal.
Publication Date: 2018-12-25
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1546
The trial court properly applied the factors in Gingrich v. Dept. of Transportation and clarified in Middaugh v. Dept. of Transportation in concluding that the suspension of licensee's driving privileges due to a DUI conviction from more than three years prior must be vacated due to extraordinary delay in reporting. The commonwealth court affirmed a trial court order sustaining licensee's appeal.
Publication Date: 2018-12-18
Practice Area: Constitutional Law | Regulation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1535
Suspension of driver's license for refusal to submit to chemical testing was not unconstitutional because it was a civil remedy that was not so punitive in nature as to rise to the level of a criminal penalty. Order of the trial court affirmed.
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