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Publication Date: 2024-02-16
Practice Area: Land Use and Planning
Industry: Education | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1474 C.D. 2022
Zoning Housing Board erred in denying application for special exception where ordinance did not contain specific or general criteria for approval and objectors failed to present evidence of an abnormal, substantial, and highly probable risk from the proposed use. Order of the trial court affirmed.
Publication Date: 2024-01-15
Practice Area: Landlord Tenant Law
Industry: Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 1200 C.D. 2022
Appellant tenant appealed her eviction after a shooter shot someone who attended her birthday party at her unit and court found the trial court erred in determining that the open nature of her party was sufficient to establish that shooter constituted an "Other Person under the Tenant's Control" in the absence of evidence that tenant invited shooter to the premises. Reversed.
Publication Date: 2024-01-08
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 1275 C.D. 2022
Trial court erred in denying inmate's in forma pauperis petition and holding his claims were frivolous because inmate's complaint was timely, he did not have to comply with the statutory notice provision in 42 Pa. C.S. §5522(a)(1) and factual development was needed to determine if correction officers' alleged actions were within the scope of their employment so as to entitle them to sovereign immunity. Reversed.
Publication Date: 2024-01-08
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 481 C.D. 2022
Municipality could not pursue zoning ordinance violation enforcement action where notice of violation failed to advise landowner of their right to appeal to the township zoning hearing board or the deadline by which the appeal had to be filed. Order of the trial court vacated and remanded for dismissal.
Publication Date: 2023-12-25
Practice Area: Government
Industry: Education | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 1001 C.D. 2022
Trial court was entitled to credit expert appraisers' opinions where there was no minimum number of sales the appraisers had to review and the appraisers were not required to suggest a value that could be obtained at public sale to compare to the private sale price. Order of the trial court affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-10-23
Practice Area: Employment Litigation
Industry: Education
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 1301 C.D. 2021
Unemployment Compensation Board of Review erred in denying claimant's application for unemployment compensation benefits where the board's factual findings were unsupported by the uncontroverted facts in the record. Order of the UCBR reversed.
Publication Date: 2023-10-23
Practice Area: Employment Litigation
Industry: Education
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 336 C.D. 2022
Claimant petitioned pro se from respondent Unemployment Compensation Board of Review's decision affirming as modified a referee's decision denying benefits for a four-week period in 2020. The court vacated and remanded for further proceedings where the Board's findings of fact were ambiguous as to claimant's status as a per diem or long-term substitute teacher, which in turn informed the question whether respondent's most recent employment offer represented a substantial reduction in wages and hours.
Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 408 C.D. 2021
Trial court properly dismissed plaintiff's amended complaint asserting malicious prosecution and abuse of process claims because plaintiff's first complaint did not effect a transfer from federal court pursuant to 42 Pa.C.S. §5103(b) and by the time she filed her amended complaint with the certified transcript, the statute of limitations had run. Affirmed.
Publication Date: 2023-08-28
Practice Area: Employment Litigation
Industry: Education
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 775 C.D. 2022
Court reversed board's determination that claimant was ineligible for benefits based on a pattern of tardiness and absenteeism because claimant's only absence after he was issued a written warning of termination for further incidents was an absence justified by illness. Reversed.
Publication Date: 2023-07-17
Practice Area: Civil Rights
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 169 C.D. 2022
Successor trial judge erred in granting defendants JNOV based on purported inconsistent jury verdict where judge did not observe the trial and usurped the jury's role as factfinder by making inferences against plaintiffs despite the jury's verdict in their favor. Order of the trial court reversed.
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