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judge:"Steven Andrews"
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topic:"Civil Appeals"
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Conservation officer's stop of fishing boat to ensure proper licensure and safety equipment served a governmental "special need" and thus did not require reasonable suspicion of a violation. Judgment of sentence affirmed.
Plaintiff appealed the court's dismissal of his action against his property insurer for breach of contract and related claims. The court requested that its order be affirmed where plaintiff had voluntarily renewed his policy under its existing terms some two years after he allegedly made oral requests that his coverage be expanded to replacement cost value and that his address be corrected to reflect that he no longer lived in the multi-unit structure, which should have caused insurer to convert the policy from residential to commerci
Trial court erred in determining there were no contested issues of fact regarding venue and remand was required for evidence as to whether venue was proper in Philadelphia based on appellant's claim that she served appellee Abreu at her "office or usual place of business" pursuant to Pa.R.C.P. 402(a)(2)(iii). Vacated and remanded.
In a §1925(a) opinion, the court urged that defendant's appeal be dismissed and the court's decision denying a motion for post-trial relief and granting specific performance to plaintiff ETD Group on its third contract for the purchase of defendant's three lots of business property be affirmed.
Hearing officer erred in focusing on student's progress/progress monitoring in determining whether school district provided a free appropriate public education, as the proper standard was whether the district provided regular programming consistent with student's individualized education program. Plaintiffs' motion for judgment granted, defendant's cross-motion denied.
Zoning Housing Board erred in denying application for special exception where ordinance did not contain specific or general criteria for approval and objectors failed to present evidence of an abnormal, substantial, and highly probable risk from the proposed use. Order of the trial court affirmed.