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Publication Date: 2024-03-01
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 447 C.D. 2021
Trial court erred in granting summary judgment in favor of township in appellant's action over storm water discharge from a pipe onto appellant's property because court found township did not refute appellant's evidence the new pipe increased the volume of water flowing onto the property, the Political Subdivision Tort Claims Act did not immunize township and there was a material question of fact as to plaintiff's common law negligence claim. Reversed.
Publication Date: 2024-03-01
Practice Area: Real Estate
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 16 C.D. 2023
Planned Community Act entitled association to assess its legal fees incurred in attempting to enforce parking regulations upon unit owners. Order of the trial court affirmed.
Publication Date: 2024-02-23
Practice Area: Employment Litigation
Industry: Construction
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 298 C.D. 2023
Workers' compensation appeal board properly held that claimant's evidence did not establish that he was a traveling employee without a fixed place of employment and he was not acting in the course and scope of his employment when he was injured in a motor vehicle accident on his way home from work in his own vehicle. Affirmed.
Publication Date: 2024-02-09
Practice Area: Tax
Industry: Education | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1272 C.D. 2022
School district's complaint for declaratory and equitable relief from underassessment of property was barred by the statutory remedy under the Assessment Law. 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 Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 131 C.D. 2023
Board erred in holding city refused to bargain with union when it refused to comply with union's overbroad information request because union did not show the probable or potential relevance of the information and board erred in finding city did not attempt to engage with union. Reversed.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2024-02-02
Practice Area: Land Use and Planning
Industry: Manufacturing | Real Estate | Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1446 C.D. 2022
Landowner appealed the trial court's order affirming a decision of a township zoning hearing board. The court reversed, concluding that under the terms of the township's zoning ordinance, landowner was entitled by right to engage in accessory retail use of its property incident to manufacturing and processing use occurring on the site.
Publication Date: 2023-12-18
Practice Area: Land Use and Planning
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1055 C.D. 2022
Trial court correctly applied de novo standard of review to appeal of conditional use application denial where local board's tie vote meant it adopted no findings of fact for the trial court to examine under an appellate standard of review. Order of the trial court affirmed.
Publication Date: 2023-12-18
Practice Area: Employment Litigation
Industry: Recruitment and Staffing | Transportation
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1329 C.D. 2022
Board erred in affirming Workers' Compensation Judge and finding claimant truck driver's "mental/mental" injury arose from an abnormal working condition, a fire in a tractor trailer truck, because claimant acknowledged he could anticipate a truck fire, had been trained how to respond to a fire and the relatively minor fire that was quickly extinguished was not an "extraordinarily unusual and distressing" employment event for a truck driver. Reversed.
Publication Date: 2023-12-11
Practice Area: Real Estate
Industry: Automotive | Consumer Products | Real Estate
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1165 C.D. 2022
Appellant appealed the trial court's order that refused to strike restrictive covenants placed upon the title to a property in conservatorship, without advance notice to the conservator or approval of the trial court supervising the conservatorship. The court reversed and remanded with instructions to grant appellant's motion to strike restrictive covenant.
Publication Date: 2023-11-13
Practice Area: Labor Law
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 728 C.D. 2021
Petitioner city sought review of respondent's adjudication that claimant was eligible for unemployment compensation benefits under Unemployment Compensation Law Section 402.1. The court reversed where respondent erred in holding that claimant's employer had not established an "educational service agency" to employ school crossing guards within the meaning of Section 402.1(4).
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