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Publication Date: 2024-02-23
Practice Area: Education Law
Industry: Education
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 725 C.D. 2022
Acting Secretary of Education's determination that petitioner be terminated from his position as a tenured professional employee was based on substantial evidence that supported the necessary factual findings and school district complied with the procedural requirements of the school code. Affirmed.
Publication Date: 2024-02-23
Practice Area: Land Use and Planning
Industry: Hospitality and Lodging | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 1048 C.D. 2021
Trial court properly found that zoning ordinance limiting short-term rentals was not impermissibly exclusionary but erred in upholding ZHB's denial of landowners' application to continue their legal, nonconforming use of the property for short-term rentals because landowner's use was lawful and conforming when it began in 2017. Affirmed in part and reversed in part.
Publication Date: 2024-02-02
Practice Area: Administrative Law
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Mccullough
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Case Number: 1429 C.D. 2022
Trial court erred in concluding PennDOT did not establish a prima facie case of plaintiff's out-of-state conviction of an alcohol-related driving offense requiring disqualification of his CDL but correctly found plaintiff's evidence established that he was not convicted on February 18, 2021 of an alcohol-related offense in Wisconsin that would require the disqualification of his CDL. Affirmed in part and reversed in part.
Publication Date: 2024-02-02
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 1196 C.D. 2022
Trial court erred in converting plaintiffs' motion for a preliminary injunction to forestall enforcement of a mayoral order into a hearing for a permanent injunctive relief over city's objections because three days to prepare city's entire case, without being allowed the benefit of discovery or even responsive pleadings, impermissibly hampered city's ability to present its evidence concerning the balance of the equities. Vacated.
Publication Date: 2024-01-29
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 636 C.D. 2021
Trial court properly affirmed the grant of landowner's dimensional variance application and record evidence did not support appellant's allegations of due process violations or that the lot in question was actually one lot with a contiguous lot. Affirmed.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2024-01-29
Practice Area: Personal Injury
Industry: Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 519 C.D. 2022
Trial court erred in administratively dismissing an action for failure to prosecute because one of the defendants in the case had filed a voluntary bankruptcy proceeding and the bankruptcy stay had to be construed to apply to dismissals. Vacated.
Publication Date: 2024-01-01
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 1088 C.D. 2022
Department abused its discretion in imposing the most extreme sanction of revocation of petitioner's EMT certification because the revocation, based on his nolo contendere plea, was a manifest abuse of discretion and unreasonable in the circumstances and petitioner's violation of the reporting requirements in §8113(i) did not justify the complete deprivation of his ability to pursue his occupation. Vacated.
Publication Date: 2023-12-18
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 542 C.D. 2022
Retroactively awarding correctional officers sick leave that was deducted after the county exempted them from Families First Coronavirus Relief Act leave benefits merely constituted an award of paid leave and did not interfere with the county's ability to exercise its managerial prerogative or statutory rights. Order of the trial court affirmed.
Publication Date: 2023-11-27
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 1076 C.D. 2022
Arbitrator properly found for Fraternal Order of Police in its grievance over termination of health insurance for surviving spouses of retired police officers because arbitrator's award was based on arbitrator's interpretation of disputed terms and conditions in the CBA and was entitled to deference. Affirmed.
Publication Date: 2023-11-20
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 1337 C.D. 2019
PUC properly denied petitioner's petition seeking to prohibit the installation of a smart electric meter at his home because the supreme court's holding in Povacz v. PUC, 280 A.3d 975, resolved the issues in this case. Affirmed.
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