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Publication Date: 2024-03-01
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 1069 C.D. 2022
City ordinance regulating firearms parts or machinery used to fabricate firearms was not preempted by the Uniform Firearms Act as parts and machinery did not constitute "firearms" under the statute. Order of the trial court affirmed.
Publication Date: 2024-02-02
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 1201 C.D. 2022
Patrolling officer who fell asleep while driving was still acting in course of duties where the officer did not intentionally disregard work rules prohibiting sleeping on the job but inadvertently fell asleep after being mandated to work an overtime shift only a few hours after completing his regular shift. Arbitration award affirmed.
Publication Date: 2024-01-29
Practice Area: Tax
Industry: Entertainment and Leisure | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 1150 C.D. 2022
Sports facility tax was facially unconstitutional as city failed to justify distinction between residents and nonresidents, and the offending language could not be severed from the statute as the enabling legislation only authorized imposition of the tax on nonresidents. Order of the trial court affirmed.
Publication Date: 2023-12-04
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 244 C.D. 2022
Trial court should have treated petition for review as seeking a writ of mandamus where requester prevailed in a Right-to-Know Law proceeding before the Office of Open Records and thus was merely seeking enforcement of a final determination. Order of the trial court reversed in part and affirmed in part, case remanded.
Publication Date: 2023-11-27
Practice Area: Real Estate
Industry: Non-Profit | Real Estate
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 820 C.D. 2021
Trial court did not err in authorizing receiver, rather than a special litigation committee, to investigate appellant Serota's demand and determine whether a derivative action was in the association's best interest and in deferring to receiver's recommendation. Affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-11-20
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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for defendant:
Case Number: 235 C.D. 2022
Administrative Law Judge erred in overturning denial of concealed carry license application where the setting aside of a nolo contendere plea in California did not fully expunge the conviction and thus applicant was subject to prohibitions on firearm ownership. Order of the Office of the Attorney General reversed in part and vacated in part and remanded.
Publication Date: 2023-11-06
Practice Area: Wage and Hour Litigation
Industry: Construction | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 689 C.D. 2022
Petitioner sought review of respondent's final agency decision denying its grievance under the Pennsylvania Prevailing Wage Act. The court affirmed where the historical and general renovation phases of petitioner's building rehabilitation project were intertwined for purposes of the PWA, and thus all work performed on the project was subject to the Act.
Publication Date: 2023-10-23
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 30 C.D. 2022
Trial court properly sustained appellees' preliminary objections to appellant's objections to board of supervisor's approval of an ordinance in a May 3, 2021 order but trial court erred in its Nov. 19 and Dec. 15, 2021 orders because it had no jurisdiction to issue those orders. Affirmed in part, vacated and remanded in part.
Publication Date: 2023-09-18
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 1160 C.D. 2022
Court vacated and remanded planning board's decision denying land development application where the decision contained inadequate reasoning and logical inconsistencies. Order of the trial court vacated, case remanded.
Publication Date: 2023-09-11
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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for defendant:
Case Number: 761 C.D. 2022
Trial court abused discretion in denying without a hearing a petition to intervene nunc pro tunc in property conservatorship proceedings where it was patently obvious from the face of the record that proposed intervenor had an ownership interest in the property and was not served with notice of the conservatorship. Order of the trial court vacated, case remanded.
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