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Publication Date: 2024-03-01
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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for defendant:
Case Number: 398 C.D. 2022
Law enforcement incident report which contained investigating officers' observations, findings, and conclusions fell within the criminal investigative exemption to disclosure under the Right-to-Know Law. Final determination of the Office of Open Records affirmed.
Publication Date: 2024-02-09
Practice Area: Government
Industry: Distribution and Wholesale | Manufacturing | Pharmaceuticals | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 283 M.D. 2022
Attorney general, as the chief law officer of Pennsylvania, had authority to resolve civil litigation brought by or on behalf of the commonwealth, including civil actions filed by district attorneys. Respondent's cross-application granted, petitioners' cross-application denied.
Publication Date: 2024-01-01
Practice Area: Employment Litigation
Industry: Education | Recruitment and Staffing
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 964 C.D. 2022
Claimant argued Workers' Compensation Judge's decision granting claimant's claim petition for a closed period, denying her penalty petition and granting employer's termination petition did not meet the reasoned decision requirements of Section 422(a) of the Workers' Compensation Act and court found board did not address that claim and vacated and remanded for board to consider the issue. Vacated.
Publication Date: 2023-12-11
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 528 C.D. 2021
Trial court erred in ruling that homeowners association lacked standing to appeal approval of conditional use application for adjacent development where association members appeared at the public hearing and voiced objections and the township lacked a formal process for hearing attendees to declare party status. Order of the trial court reversed and remanded.
Publication Date: 2023-10-09
Practice Area: Public Utilities
Industry: State and Local Government | Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 521 C.D. 2021
Pennsylvania Public Utility Commission properly found plaintiff had been charged unlawfully high utility pole attachment rates and ordered a refund because PUC applied the incremental cost formula for pole attachment rates as set forth in the regulations, FCC precedent was not binding and the formula used produced an exact amount to be paid. Affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-10-02
Practice Area: Employment Litigation
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
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Case Number: 339 M.D. 2022
Petitioners asserted the 2017 amendment to the state employees retirement code was unconstitutional under art. V, §§1 and 16(a) of the Pennsylvania constitution and court found it was impossible to calculate an annuity of a defined-contribution retirement plan because it depended on individual choices and future market performance, the amendment did not violate art. V, §16(a) because the changes applied generally to all salaried officers of the commonwealth and petitioners did not demonstrate the 2017 plan was unconstitutional either
Publication Date: 2023-08-21
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 1303 C.D. 2021
Board did not err in determining appellant's services officiating at weddings and using her property for the ceremony and accompanying festivities were "personal services" not permitted in the zoning district, board's description of appellant's use as a "wedding venue" was appropriate and ordinance and its enforcement did not place a substantial burden on her individual exercise of religion. Affirmed.
Publication Date: 2023-08-21
Practice Area: Employment Litigation
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 1233 C.D. 2021
Claimant appealed workers' compensation judge's findings in his workman's compensation claim and court found WCJ did not err in concluding that "left rotator cuff pathology" was not a well-pled allegation and that claimant had fully recovered from all work injuries. Affirmed.
Publication Date: 2023-07-31
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 1376 C.D. 2022
Trial court did not err in dismissing appellants' petition to initiate annexation under the 1903 annexation law because the specific repeal of the 1903 annexation law within act 42 of 2022 became effective before appellants filed their annexation petition. Affirmed.
Publication Date: 2023-07-31
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 342 C.D. 2022
A physician petitioned for review of an order of the State Board of Medicine that denied reinstatement of his medical license. The court affirmed board's denial of reinstatement, in which board refused to retroactively apply Act 53 to petitioner's suspension, which was imposed before Act 53's effective date.
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