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  • Plaxton v. Zoning Bd. of Adjustment

    Publication Date: 2019-07-22
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0849

    Objectors challenged the trial court's dismissal of their appeal of zoning variances on lack of standing and unclean hands grounds and court found the close proximity of the properties and objector's testimony established their standing and the equitable unclean hands doctrine did not apply since the appeal was not an equity action. Reversed and remanded.

  • Frederick Mut. Ins. Co. v. Pennsylvania Ins. Dept.

    Publication Date: 2019-07-15
    Practice Area: Insurance Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0815

    Insurer acted unreasonably by cancelling insured homeowner's policy after giving her an impossible repair task to repair a chimney shared with an adjoining property when the adjoining owner refused access to his property for repairs. Order of the commissioner of the Pennsylvania Insurance Department affirmed.

  • Wise v. Huntingdon County Housing Dev. Corp.

    Publication Date: 2019-07-01
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0763

    Trial court properly found that public housing authority's alleged failure to illuminate the sidewalk in a public housing complex at night did not create an artificial condition or defect of commonwealth realty for which the housing authority could be liable in appellant's action for injuries from her fall on the sidewalk. Affirmed.

  • W.J. Menkins Holdings, LLC v. Douglass Twp.

    Publication Date: 2019-05-27
    Practice Area: Land Use and Planning
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0610

    Applicant challenged the conditions imposed by the zoning board for approval of its variance and the court found the hours of operation condition was reasonable and supported by the record but the condition that applicant comply with the land use development regulations was an abuse of discretion. Affirmed in part and reversed in part.

  • Lower Swatara Twp. v. Labor Relations Bd.

    Publication Date: 2019-05-27
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0614

    Board correctly held that §604 of PERA did not prohibit a union from representing township public works employees and full-time and regular part-time act 111 police officers because board's interpretation properly respected police officers act 111 rights to bargain collectively without PERA's intrusion therein. Affirmed.

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    Authors: Michael D. Malfitano

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  • Jones v. Sch. Dist. of Philadelphia

    Publication Date: 2019-04-22
    Practice Area: Labor Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0454

    Secretary erred in concluding wrongfully terminated employee had not made reasonable efforts to mitigate damages where employee obtained other work and sought continued education and training during relevant period, and where employer's evidence of alternative work was unsuited to the employee's circumstances. Order of the secretary of education vacated and remanded.

  • Vladimirsky v. Sch. Dist. of Philadelphia

    Publication Date: 2019-04-22
    Practice Area: Labor Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0463

    The secretary erred in awarding damages for petitioner's lost compensation after he was improperly terminated as a teacher because petitioner did not fail to mitigate damages as secretary erroneously found, where petitioner sought other teaching jobs until his unemployment ran out, was unsuccessful due to his termination from a tenured position and he then took a security guard position. Order vacated.

  • S.K. v. Dep't of Human Serv.

    Publication Date: 2019-04-15
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0421

    Bureau of Hearings and Appeals erred in concluding that petitioner acted recklessly and committed child abuse in denying petitioner's request to expunge his indicated report of child abuse because petitioner tried to use a Safe Crisis Management approved upper torso restraint on minor but the restraint did not go as planned and there was no evidence that petitioner grossly deviated from what a reasonable person would have found acceptable under the same circumstances. Reversed.

  • U.S. Bank N.A. v. Manu

    Publication Date: 2019-04-15
    Practice Area: Real Estate
    Industry: Financial Services and Banking
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0422

    Appellants appealed the order granting their motion to redeem property sold at a sheriffs' sale for delinquent real estate taxes and the court found the trial court did not abuse its discretion because, since appellants did not act until after the sheriff's sale, they were obligated to pay the purchaser the amounts specified in §32(a) of the act to redeem the property. Affirmed.

  • In re Petition for Agenda Initiative

    Publication Date: 2019-04-08
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0395

    Trial court properly found that organization's appeal of county council's holding, that proposed ordinance was not legally proper for its consideration, was meritless because the proposed ordinance was an invalid usurpation of the general assembly's power over the conduct of elections and undermined the elections board's responsibilities. Affirmed.