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Publication Date: 2024-02-23
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 473 C.D. 2020
Conservation officer's stop of fishing boat to ensure proper licensure and safety equipment served a governmental "special need" and thus did not require reasonable suspicion of a violation. Judgment of sentence affirmed.
Publication Date: 2024-02-09
Practice Area: Corporate Governance
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge Wallace
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Case Number: 291 C.D. 2022
Orphans' court erred in awarding attorneys' fees and costs to nonprofit foundation directors under §5782(c), in action alleging directors had exercised undue influence and breached their fiduciary duties, because neither the plain language of §5782(c) nor the parties' compromise permitted orphans' court to award attorneys' fees and costs against individuals who were never members and who could not bring a derivative action in the first place. Reversed.
Publication Date: 2024-01-29
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
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Case Number: 144 C.D. 2023
Board properly denied petitioner's application for a license to practice dentistry because she did not have the required D.M.D. or D.D.S. degree and she was not entitled to a license by endorsement because Florida's requirements, where she was licensed, were not "equal in their essential respects." Affirmed.
Publication Date: 2024-01-29
Practice Area: Education Law
Industry: Education | Non-Profit | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
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Case Number: 563 C.D. 2023
Department of Human Services had authority to regulate religious school's pre- and after-school care program where the law expressly conferred oversight authority of such programs at nonpublic schools. Petition for review denied.
Publication Date: 2024-01-22
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
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Case Number: 1258 C.D. 2022
Employer appealed the grant of workers' compensation benefits to claimant and the amount of credit employer was given for payments made to claimant and court found board erred in finding employer was not entitled to a credit for severance benefits made pursuant to a separation agreement but that WCJ erred in awarding credit for the gross amount rather than the net amount. Affirmed in part and reversed in part.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2024-01-15
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
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Case Number: 1473 C.D. 2022
Trial court erred in affirming zoning board's grant of a special exception and dimensional variances because landowners did not carry their burden of establishing that they met the requirements for the board to issue numerous dimensional variances and a special exception for former church property in a R-2 residential zone. Reversed.
Publication Date: 2023-12-11
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Wallace
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Case Number: 1097 C.D. 2021
Common pleas court erred in finding appellants' appeal of board's decision that they violated a zoning ordinance was untimely, in upholding board's decision about appellants' fence and in failing to consider appellants' equitable defenses but court rejected appellants' argument that board lacked authority to enforce the ordinance road weight restrictions. Reversed and vacated in part.
Publication Date: 2023-11-06
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Wallace
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Case Number: 39 C.D. 2021
Common pleas erred in upholding the imposition of inheritance tax on trust assets and court found donors "owned" the trust assets with right of survivorship and when husband died, wife succeeded to his interest in the assets and trust was not subject to tax before wife died. Reversed.
Publication Date: 2023-11-06
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
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for defendant:
Case Number: 788 C.D. 2021
Grievance arbitration award properly ensured that deputy sheriff was fully compensated for time spent during scheduled work to treat a work-related injury by preventing county from deducting accrued time off. Order of the trial court affirmed.
Publication Date: 2023-09-25
Practice Area: Public Records
Industry: Legal Services | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
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Case Number: 514 C.D. 2022
Office of Open Records properly ordered Public Utility Commission to produce certain records that commission argued were exempt under the "predecisional deliberation" and "notes and working papers" exceptions and attorney-client privilege and court found commission did not meet its burden of proving the disputed records were exempt from disclosure. Affirmed.
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