• Pinnacle Health Hosps. v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-06-17
    Practice Area: Labor Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0703

    The regular place of mailing for purposes of the mailbox rule was the place where a mailed item entered the U.S. Mail system, such that a referee's office's outbox did not qualify and the office could not testify that a notice of hearing was presumptively mailed to the employer in a UC case. Order of the trial court reversed, case remanded.

  • California Univ. of Pennsylvania v. Bradshaw

    Publication Date: 2019-06-17
    Practice Area: Public Records
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0698

    A corporation was not an "individual" for the purposes of the exception to disclosure under §708(b)(13) of the RTKL. Order of the Office of Open Records affirmed.

  • Siya Real Estate LLC v. Allentown City Zoning Hearing Bd.

    Publication Date: 2019-06-17
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0696

    Although zoning board erred by placing burden on landowner to present evidence regarding "total impact" of proposed use under special exception, objectors had only presented speculative and irrelevant evidence where the proposed use was a permissible use under the zoning ordinance. Order of the trial court reversed, case remanded.

  • Schnarrs v. Rush Twp. Bd. of Supervisors

    Publication Date: 2019-06-17
    Practice Area: Government | Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0705

    Trial court properly concluded that township established the existence of a public road by prescriptive easement where township presented evidence that it had maintained, and the public had used, a connector road over private property for at least the prescriptive period of 21 years. Judgment affirmed.

  • Township of Robinson v. Esposito

    Publication Date: 2019-06-17
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0689

    The trial court erred in dismissing defendant's appeal as Robinson Township did not comply with the mandatory enforcement notification requirements of Pennsylvania's Municipalities Planning Code §616.1 before issuing defendant a citation based on alleged violations of its zoning ordinance and seeking penalties under §617.2. The appellate court reversed.

  • Martel v. Allegheny County

    Publication Date: 2019-06-10
    Practice Area: Administrative Law | Tax
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0682

    Trial court properly dismissed property owner's complaint seeking relief from property reassessments and asserting a class action but court affirmed, on another ground, that property owners failed to exhaust the remedies available to them pursuant to the second class county assessment law. Affirmed.

  • Pennsylvania State Police v. Sama

    Publication Date: 2019-06-10
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0640

    OAG properly ordered the Pennsylvania state police to amend the PICS database to remove the disability imposed on petitioner, in petitioner's appeal of the denial of his application to carry a firearm, because petitioner's full pardon by the governor of Delaware of his Delaware conviction excluded petitioner's offense from the uniform firearms act's definition of "conviction." Affirmed.

  • Sadler v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-06-10
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0638

    Workers' compensation appeal board erred in denying claimant's petition asserting his AWW was miscalculated because it did not include his overtime and erred in granting employer's suspension petition because claimant was not "incarcerated after a conviction" when he was incarcerated before his conviction when he could not make bail. Reversed, vacated and remanded.

  • Gilmour v. Dept. of Transp., Bureau of Driver Licensing

    Publication Date: 2019-06-03
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0645

    Trial court could sustain an appeal of a license suspension for drug act conviction where a delay in transmission of the record of conviction to the bureau of driver licensing was nearly five times as long as the length of suspension. Order of the trial court affirmed.

  • Pysher v. Clinton Twp. Volunteer Fire Co.

    Publication Date: 2019-06-03
    Practice Area: Public Records
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge Cohn Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0656

    Trial court erred in finding that volunteer fire company was a local agency for purposes of the RTKL and ordering it to respond to an RTKL request because whether a volunteer fire company was a local agency was a matter of first impression and the trial court took no evidence. Order vacated and case remanded.