• In re Appeal of the Bd. of Comm'rs of Cheltenham Twp.

    Publication Date: 2019-08-05
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0916

    Commonwealth court correctly held that the 2008 zoning ordinance governed developer's 2015 zoning application because the protection of pending land development plans in 53 P.S. §10508(4)(i) extended to decisions on requested zoning relief needed for purposes of land development plan approval. Affirmed.

  • Navarro v. Pennsylvania State Police

    Publication Date: 2019-08-05
    Practice Area: Regulation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0910

    PSP was required to establish the interstate or foreign commerce element in 18 U.S.C. §922(g) to establish that a firearm owner was disqualified from the return of his or her firearm pursuant that federal statute. Order of the commonwealth court affirmed.

  • Commonwealth v. Bell

    Publication Date: 2019-08-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0904

    Admission of evidence of a driver's refusal to submit to blood chemical testing in DUI case did not violate constitutional prohibition on criminal penalties for a refusal to submit to warrantless blood testing. Order of the superior court affirmed.

  • Menkowitz v. Peerless Publ'ns, Inc.

    Publication Date: 2019-08-05
    Practice Area: Litigation
    Industry: Health Care | Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0903

    The intermediate appellate court erred in reversing a trial court order denying defendants in this defamation lawsuit judgment notwithstanding the verdict as the court did not review the record in the light most favorable to plaintiff, as verdict winner. The high court reversed and remanded.

  • Gen. Motors, LLC v. Bureau of Prof'l & Occupational Affairs

    Publication Date: 2019-08-05
    Practice Area: Contracts
    Industry: Automotive
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0907

    Board of Vehicles Act did not give dealers a statutory right to participate in manufacturer's contractual labor reimbursement schedule when dealers elected to use their statutory part reimbursement rights over contractual provision upon which the contractual labor reimbursement schedule was conditioned. Order of the commonwealth court affirmed in part and reversed in part.

  • Exeter Twp. v. Pennsylvania Labor Relations Bd.

    Publication Date: 2019-08-05
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0906

    Because the Municipalities Planning Code did not expressly establish that zoning officers were required to direct the implementation of policy or could exercise independent discretion to implement policy, a municipality could not withdraw the zoning officer from the collective bargaining unit where it failed to present evidence of actual job duties. Order of the commonwealth court reversed.

  • In re: Return of Seized Prop. of Lackawanna County

    Publication Date: 2019-08-05
    Practice Area: Government
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0908

    Supervising judge of statewide investigating grand jury had authority to issue search warrants in any judicial district relating to an investigation of the grand jury, and any motion for return of property seized pursuant to those warrants had to be presented to the supervising judge. Order of the trial court vacated.

  • In Re: Petition of Adams

    Publication Date: 2019-08-05
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0900

    In this case of first impression, the high court concluded that petitioners' proposed new use of their parcel for a seasonal cabin did not meet the requisite "strictest necessity" to justify taking a portion of a neighboring property under the Private Road Act where they had adequate access to their property for the existing use. The high court reversed the commonwealth court's ruling.

  • Commonwealth v. Cousins

    Publication Date: 2019-08-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0899

    The superior court properly found that the enhanced sentence provision in §780-113(b) of the Controlled Substance, Drug, Device and Cosmetic Act was not ambiguous and that defendant's prior convictions under the act were correctly used to enhance his latest sentence for a recent conviction under the act. The high court affirmed.

  • Commonwealth v. King

    Publication Date: 2019-08-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0901

    The lower court addressing defendant's petition for relief under the Post Conviction Relief Act did not abuse its discretion by prohibiting the commonwealth from privately interviewing defendant's trial counsel, who refused to communicate with PCRA counsel, before an evidentiary hearing on defendant's ineffectiveness claim. The high court affirmed.