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In a §1925(a) opinion, the court asked the Commonwealth Court to affirm its order denying appellant's emergency application for a writ of execution on an arbitration award that was entered at least two and a half years prior to the filing of the application.
Employee asserted prima facie failure to accommodate claim where there was evidence that employer's proposed accommodations were inadequate to address employee's documented health concerns. Plaintiff's motion for summary judgment denied, defendant's motion for summary judgment denied in part and granted in part.
Publication Date: 2024-05-17 Practice Area:Tax Industry: Court:Commonwealth Court Judge:Judge Covey Attorneys:For plaintiff: for defendant: Case Number: 135 C.D. 2020
Trial court erred in denying nunc pro tunc relief to appellants in their challenge to their 2019 property assessment because Board of Revision of Taxes was negligent in not mailing appellants notice of the reassessment and appellants filed an appeal with BRT as soon as they received their 2019 tax bill, which was the first time they received notice that their property had been reassessed. Reversed.
Court imposed monetary sanctions and a factual finding in response to defendant's gross negligence in deleting custodians' email accounts after being put on notice of the need for a litigation hold.
Publication Date: 2024-05-17 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 2248 EDA 2023
The court affirmed the trial court's orders that removed former guardian T.B. as a reunification resource for two minor children, Z.B. and A.B.
Appellant solar farm developer appealed appellee township's denial of its application for a conditional use permit. The court sustained the appeal, holding that appellant was entitled to a deemed approval of its conditional use application where appellee rendered a final written decision more than 45 days after the extended date on which the parties expressly agreed that the evidentiary record would close.
Publication Date: 2024-05-17 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 624 WDA 2023
Trial court lacked jurisdiction to hear challenge to DOC's calculation and application of credit for time served. Order of the trial court affirmed.
Defendant challenged the search warrant for his iCloud accounts and court found the warrant was supported by probable cause and defendant failed to make a "substantial preliminary showing" that the supporting affidavit contained material falsehoods or omissions. Motion denied.
Petitioner sought review of respondent's decision requiring petitioner to remove three abandoned railroad bridges over township roads. The court affirmed, concluding that substantial evidence supported respondent's decision where the bridges presented hazards of falling concrete, offered no benefit to the public, and created roadway hazards due to their narrow design.