• Pileggi v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-07-01
    Practice Area: Employment Litigation
    Industry: Construction | Real Estate
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0764

    Unemployment compensation review board erred in finding that claimant was self-employed because claimant's prudent investment in his brother's business did not represent disqualifying self-employment under §402(h) where the evidence showed claimant did nothing for the company and received income akin to dividends. Reversed.

  • 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.

  • 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.

  • Hawes v. Bureau of Prof'l & Occupational Affairs

    Publication Date: 2019-03-25
    Practice Area: Regulations
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0324

    Real estate salesperson license applicant's failure to disclose prior federal felony convictions warranted revocation of license because it constituted a "false representation" and represented an act of dishonesty. Order of the State Real Estate Commission affirmed.

  • Lohr v. Saratoga Partners, L.P.

    Publication Date: 2019-03-25
    Practice Area: Tax
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0330

    Trial court properly denied appellants' challenge to the lack of a post-tax-sale right of redemption for citizens of certain classes of counties under the real estate tax sale law as a violation of their due process and equal protection rights and the court agreed the RETSL did not violate the right to equal protection under the law and satisfied the rational basis review. Affirmed.

  • Breyan v. Dept. of Conservation & Natural Res.

    Publication Date: 2019-01-29
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0074

    Where plaintiff was not eligible for benefits under the Heart and Lung Act, a letter advising him of his ineligibility was not an adjudication affecting his personal or property rights and, thus, not a decision from which claimant could take an appeal. The commonwealth court dismissed claimant's appeal.

  • Taylor v. Commonwealth Dept. of Transp.

    Publication Date: 2018-12-25
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1546

    The trial court properly applied the factors in Gingrich v. Dept. of Transportation and clarified in Middaugh v. Dept. of Transportation in concluding that the suspension of licensee's driving privileges due to a DUI conviction from more than three years prior must be vacated due to extraordinary delay in reporting. The commonwealth court affirmed a trial court order sustaining licensee's appeal.

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

    Publication Date: 2018-12-18
    Practice Area: Constitutional Law | Regulations
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1535

    Suspension of driver's license for refusal to submit to chemical testing was not unconstitutional because it was a civil remedy that was not so punitive in nature as to rise to the level of a criminal penalty. Order of the trial court affirmed.

  • Manley v. Unemployment Comp. Review Bd.

    Publication Date: 2018-10-16
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1246

    Board correctly found that claimant failed to meet her burden of proving that necessitous and compelling cause led her to quit her job because the work conditions about which she complained did not constitute real and substantial pressure for her to quit since she was an active participant in the complained-of work environment and her description of supervisor's conduct fell far short of the level of abuse required to demonstrate intolerable working conditions. Affirmed.