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Publication Date: 2022-10-10
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Courts of Common Pleas, Adams County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-SU-15
Court affirmed the decision of the town's zoning board finding that appellant property owner was in violation of multiple ordinances due to the condition of his properties. Although appellant argued the evidence presented at the hearing was illegally obtained by an officer who took photographs from the outside of the properties, the court noted that the evidence was lawfully obtained under the open fields doctrine.
Publication Date: 2022-07-18
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0721
Plaintiff failed to demonstrate that any alleged health condition prevented him from discovering a purported cause of action against defendants by the exercise of due diligence; therefore, no equitable exception to the statutory limitation was warranted. The court granted defendants' motion for summary judgment.
Publication Date: 2022-07-11
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Adams County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0695
Court granted in part and denied in part defendant's motion for habeas corpus arising out of the state's charges for strangulation, harassment, assault, and attempt to intimidate a witness. Although the witness indicated defendant lifted her against a wall and choked her she later indicated that her breathing and blood circulation were not restricted. Therefore, because the statutory requirements for strangulation required that victim's breathing or circulation be restricted, the court denied that portion of the motion. The court did,
Publication Date: 2022-07-11
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Adams County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0698
Defendant demonstrated that the prosecution of this case violated the compulsory joinder rule, which bars a subsequent prosecution due to a former prosecution for a different offense if the criminal cases present a substantial duplication of both legal and factual issues and, inter alia, defendant perpetrated both offenses in the same judicial district. The court granted defendant's motion to dismiss.
Publication Date: 2022-07-04
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Adams County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0697
Court granted a defendant driver's pre-trial motion to suppress evidence arising from a traffic stop wherein the defendant driver was pulled over due to the window tint on his vehicle. In reviewing the vehicle code and precedent on the matter, the court held that the officer did not have probable cause to stop the vehicle because his view into the vehicle was not obstructed based on the degree of the window tint.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2022-01-31
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Adams County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0021
Petition to reform will for alleged scrivener's error denied where testator is presumed to have knowledge of the terms of their will, and where requested reformation would exceed the scope of power of appointment conferred to testator. Defendants' motion for judgment on the pleadings granted.
Publication Date: 2022-01-24
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0026
Plaintiff's complaint failed to sufficiently allege either a claim under the Private Road Act or a claim of easement by estoppel where the pleading did not include averments establishing necessity or public benefit from the opening of a road, and did not allege notice regarding the purported easement. The court sustained defendant's preliminary objections.
Publication Date: 2021-10-11
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1036
Plaintiffs established all the elements of an easement by implication where they proved an initial severance of adjoining properties and a subsequent use of the disputed area for entering their residence and accessing their back yard, which use was continuing, open and visible. The court granted plaintiffs declaratory relief.
Publication Date: 2021-07-26
Practice Area: Premises Liability
Industry: Hospitality and Lodging
Court: Courts of Common Pleas, Fayette County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0694
A business invitee failed to establish the existence of a dangerous condition, so the court granted summary judgment in favor of defendants.
Publication Date: 2021-07-19
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Adams County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0685
Petitioners failed to establish a claim of undue influence where the evidence did demonstrate the existence of a weakened intellect or a confidential relationship.
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