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  • Forty Foot Farms v. Pennsylvania Turnpike Comm'n

    Publication Date: 2021-03-15
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0271

    Trial court erred in excluding expert report opining that revised development plan would have been granted based on landowner's by-right development abilities, and thus presented competent evidence of value in condemnation action. Order of the trial court reversed, summary judgment reversed and remanded.

  • In Re: Appeal of Station Place, LLC

    Publication Date: 2021-02-22
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0186

    Borough council properly denied revised land development plan, submitted following the zoning board's grant of variances subject to conditions, where the plan otherwise failed to comply with the borough's Subdivision and Land Development Ordinance, Stormwater Management Ordinance, and Streets and Sidewalks Ordinance or the conditions for the variances. Order of the trial court affirmed.

  • Povacz v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2020-10-19
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1142

    PUC properly rejected petitioners' constitutional challenge to PUC's interpretation of act 129 but court reversed PUC's conclusion it lacked authority to accommodate petitioners' desire to avoid RF emission from wireless smart electricity meters, affirmed PUC's determination of the burden of proving harm and remanded for a determination of whether accommodations were appropriate for consumers and what the accommodations should be. Affirmed in part and reversed in part.

  • Anderson v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2020-08-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0906

    Appointed counsel was not entitled to withdraw his representation where he failed to address in his Turner letter all issues raised by defendant, even though defendant raised such issues at the administrative level but omitted them from his petition for review. The appellate court denied counsel's petition to withdraw.

  • Synthes USA HQ, Inc. v. Commonwealth of Pennsylvania

    Publication Date: 2020-08-10
    Practice Area: Tax
    Industry: Manufacturing | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0864

    Board erred in denying a refund to petitioner and court found department of revenue's interpretation of subparagraph 17 of the tax code, which called for the benefits-received method of calculating the sales factor, was correct rather than the commonwealth's interpretation. Reversed and remanded.

  • Beishline v. Pennsylvania Dep't of Envtl. Prot.

    Publication Date: 2020-06-29
    Practice Area: Administrative Law
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0674

    The Pennsylvania Department of Community and Economic Development, Board of Property, had exclusive jurisdiction in this matter involving the navigability of a commonwealth body of water and the resulting rights of owners of adjacent properties and erred in concluding otherwise. The commonwealth court reversed and remanded.

  • Apartment Ass'n of Metro. Pittsburgh, Inc. v. City of Pittsburgh

    Publication Date: 2020-03-23
    Practice Area: Civil Rights
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0323

    On remand, court applied the reasoning in Pennsylvania Restaurant and Lodging Ass'n v. City of Pittsburgh, 211 A.3d 810, and concluded city failed to satisfy the exception to the business exclusion of the home rule law and struck down ordinance that added a new protected class of persons based on the source of income used to pay rent. Trial court affirmed.

  • Philadelphia Gas Works v. Pub. Util. Comm'n

    Publication Date: 2019-12-23
    Practice Area: Public Utilities
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1490

    Commission erred in holding that it lacked jurisdiction over gas charges subject to docketed liens and in holding that plaintiff could not continue to impose late fees on delinquent accounts once city docketed its municipal liens relating to those accounts. Reversed.

  • Pathways Counseling Serv., LLC v. Dep't of Labor & Industry

    Publication Date: 2019-07-29
    Practice Area: Employment Litigation
    Industry: Consulting | Health Care | Recruitment and Staffing
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0879

    Department erred in assessing unemployment compensation taxes against petitioner because petitioner satisfied both prongs to demonstrate the independent contractor status of the counselors to whom it referred clients. Reversed.

  • Anadarko Petroleum Corp. v. Commonwealth of Pennsylvania

    Publication Date: 2019-04-01
    Practice Area: Antitrust | Consumer Protection
    Industry: Mining and Resources
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0332

    Addressing an issue of first impression, the commonwealth court held that the state's attorney general could file a lawsuit based on the Unfair Trade Practices and Consumer Protection Law against defendants, who secured subsurface mineral rights leased from private landowners in order to extract natural gas from the Marcellus Shale. The appellate court affirmed in part and reversed in part.

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