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Publication Date: 2022-09-19
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 997 C.D. 2021
Trial court erred in finding Department of Transportation had sovereign immunity in appellant's negligence action over his motorcycle accident caused by a pothole where trial court erred in granting summary judgment because motorist complaints to DOT about road conditions were not in writing and there were material issues of fact as to whether the customer service records were sufficiently specific to provide notice and whether the potholes were patched prior to the accident. Reversed.
Publication Date: 2022-07-25
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 22-0827
Trial court properly denied petition to set aside tax sale after finding drive-by appraisal not credible and crediting testimony of the winning tax sale bidder who had personal knowledge of the property's exterior and interior condition. Order of the trial court affirmed.
Publication Date: 2022-07-11
Practice Area: Administrative Law
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 22-0770
Court was obligated to take judicial notice of municipal ordinance, even though it was not raised or cited during the lower court proceedings. Order of the trial court vacated, case remanded.
Publication Date: 2022-07-04
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0751
The trial court properly found that Montgomery County was immune from suit pursuant to the Recreational Use of Land and Water Act given that the decedent's fatal accident, caused by a fallen tree, occurred in a natural and undeveloped recreational area which came under the protection of the act. The appellate court affirmed.
Publication Date: 2022-06-20
Practice Area: Criminal Appeals
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
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Case Number: 22-0674
Counsel filed petitions for review of Board's recommitting petitioner as a parole violator and to withdraw as counsel and court found petitioner's argument that board relied on hearsay evidence failed since board relied on a certified sentencing document and Unified Judicial System criminal docket and properly calculated petitioner's new maximum sentencing date. Affirmed and counsel's petition granted.
Law Journal Press | Digital Book
Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2022-06-13
Practice Area: Government
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 22-0636
Trial court properly found city's ordinances, prohibiting the use of assault weapons and large capacity magazine in certain public places and prohibiting specified individuals from possessing or using firearms, were preempted by §6120(a) of the Uniform Firearms Act.
Publication Date: 2022-06-13
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 22-0652
Challenges to validity of statutory prohibition on local regulation of firearms rejected where long-standing precedent established that firearms regulation was a statewide concern and thus state legislature was entitled to preempt local ordinances. Respondents' preliminary objections in nature of demurrer sustained.
Publication Date: 2022-05-30
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0606
While sufficient evidence supported finding that a variance was necessary due to the hardship of developing a property as of right, zoning board erred in granting a variance that was not conditioned on payment of outstanding property tax. Order of the trial court affirmed in part and reversed and remanded in part.
Publication Date: 2022-05-23
Practice Area: Government
Industry: Accounting | State and Local Government
Court: Commonwealth Court
Judge: Judge Mccullough
Attorneys: For plaintiff:
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Case Number: 22-0567
Petitioner protested Department of Human Services' award of a bid and court found department did not engage in arbitrary and capricious conduct, department could waive some RFP requirements under Gaeta v. Ridley Sch. Dist., 788 A.2d 363, winning bidder provided department with adequate information to assure department it would perform the contract according to the specified requirements and bidder did not obtain an unfair competitive advantage. Affirmed.
Publication Date: 2022-05-16
Practice Area: Civil Procedure
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 21-0534
Petitioners, two political subdivisions located in Delaware County, lacked standing to maintain this putative class action against any respondent other than the Director of the Office of Judicial Support of the County of Delaware as they did not allege facts to suggest that they were charged court fees by any other respondent. The commonwealth court sustained respondents' preliminary objections.
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