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  • In re Appeal of Towamencin Sumneytown Pike LLC

    Publication Date: 2022-04-18
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0421

    Trial court properly reversed board's denial of developer's substantive validity challenge to zoning ordinance because the ordinance was an impermissible delegation of zoning authority to a private party. Affirmed and remanded.

  • Charlestown Twp. v. CMI Hartman, LLC

    Publication Date: 2022-04-18
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0416

    Trial court properly found property was not illegally converted to condominium ownership because the property was a lawful, nonconforming use and the conversion to condominium ownership did not constitute a subdivision subject to the Municipalities Planning Code, township's Subdivision and Land Development Ordinance or was affected by the Uniform Condominium Act. Affirmed.

  • Pennock v. Kennett Consol. Sch. Dist.

    Publication Date: 2022-04-18
    Practice Area: Personal Injury
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0427

    Evidence of lack of previous injuries was probative in trip and fall case to show that property owned lacked notice of an alleged defective condition. Judgment of the trial court affirmed.

  • Turns v. Dauphin County

    Publication Date: 2022-04-04
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0359

    Trial court properly found appellant was entitled to the original purchase price and real estate taxes paid on a property sold at a tax sale in 1973 because the sale was void ab initio since the property did not actually exist and properly denied appellant's claims for compound interest or attorney fees. Affirmed.

  • Medina v. Harrisburg Sch. Dist.

    Publication Date: 2022-04-04
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0355

    District properly removed plaintiff, despite his argument that §1089 of the school code applied, from his position as business administrator and reassigned him to a different position with a substantial salary reduction because plaintiff was not a professional employee as defined in the school code, his reassignment was not a removal but a demotion and was not subject to any hearing requirement. Affirmed.

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  • Henderson v. WP Ventures, Inc. (Workers' Comp. Appeal Bd.)

    Publication Date: 2022-02-07
    Practice Area: Labor Law
    Industry: Recruitment and Staffing
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0138

    Employee who was injured while briefly stepping out of the workplace to smoke a cigarette and purchase food before immediately returning to the workplace was still within the course and scope of his employment under the personal comfort doctrine. Order of the WCAB reversed, order of the WCJ reinstated.

  • Altoona First Sav. Bank v. Twp. of Logan

    Publication Date: 2022-01-10
    Practice Area: Real Estate
    Industry: Financial Services and Banking | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0011

    Trial court erred in granting partial summary judgment where there were outstanding factual disputes regarding whether a foreclosing lender assumed the mortgagor's proprietary development interests or willfully took on development activities. Partial summary judgment reversed, case remanded.

  • Corman v. Pennsylvania Dep't of Health

    Publication Date: 2021-11-29
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1381

    Petitioner sought summary relief and an injunction to prevent acting secretary of the Pennsylvania Department of Health from enforcing a COVID-19 masking order and court found governor did not declare a new disaster emergency, acting secretary lacked authority to issue the order without complying with formal rulemaking requirements and the order was void ab initio. Summary relief granted to petitioner.

  • Sidelines Tree Serv., LLC v. Dep't of Transp.

    Publication Date: 2021-11-15
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1322

    Secretary properly rejected petitioner's protest of rejection of its bid submission because substantial evidence supported secretary's determination that petitioner's history of poor performance precluded status as a responsible bidder. Affirmed.

  • Burkholder v. Dep't of Agriculture

    Publication Date: 2021-11-01
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1277

    The Department of Agriculture erred in imposing ongoing penalties upon petitioner, a class IV animal kennel license holder, for two discrete unauthorized transfers of dogs in excess of the number allowed since his conduct involved two separate and discrete violations of the Dog Law, warranting separate penalties. The commonwealth court reversed in part.