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Court affirmed the upholding of the zoning hearing board's decision where there was substantial evidence to show that the applicant suffered hardship warranting zoning relief, the requested relief would not injure the public interest, and the requested variances represented the minimum possible modification. Order of the trial court affirmed.
Board erred in holding city refused to bargain with union when it refused to comply with union's overbroad information request because union did not show the probable or potential relevance of the information and board erred in finding city did not attempt to engage with union. Reversed.
The trial court's §1925(a) opinion justified the denial of plaintiffs' preliminary objections to the counterclaim filed by defendant Sierra View Association and ordered plaintiffs to file a reply.
Publication Date: 2024-02-02 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Sullivan Attorneys:For plaintiff: for defendant: Case Number: 2470 EDA 2022
Trial court did not abuse discretion in imposing probation condition for defendant to surrender to their outstanding warrants despite defendant being under active probation supervision that prevented his travel to other jurisdictions, where defendant had failed to show good faith efforts to modify his probation to obtain approval to travel. Judgment of sentence affirmed in part and vacated in part.
Although jury incorrectly found the existence of a contract where such contract would be barred by the statute of frauds, defendant failed to properly seek relief in the form of a new trial. Plaintiff's post-trial motion denied in part and granted in part.
Plaintiff appealed the court's order dismissing her complaint as frivolous and for failure to state a claim upon which relief could be granted. The court concluded that its order should be affirmed where plaintiff offered no specific facts to support her alleged claim of fraud.
The court's §1925(a) opinion urged affirmance of its order granting plaintiffs' petition for a temporary restraining order and preliminary injunction against the owners' association of the building where they owned a commercial unit that they were selling.
Pro se claimant petitioned for review of respondent's orders affirming denial of unemployment compensation benefits. The court affirmed, concluding that claimant was ineligible for UC benefits where he was properly characterized as an independent contractor rather than an employee.
Publication Date: 2024-02-02 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 175 MDA 2023
Ineffective assistance of counsel claims relating to denial of proposed self-defense instructions failed where there was insufficient evidence of defendant's state of mind to support such an instruction. Order of the PCRA court affirmed.