• Schock v. City of Lebanon

    Publication Date: 2019-06-17
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0704

    Only assessed property owners were entitled to lodge objections to the creation of a neighborhood improvement district where language of Neighborhood Improvement District Act indicated that "benefitted properties" were meant to solely include assessed properties. Order of the commonwealth court reversed.

  • Commonwealth v. Towles

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0694

    The state's high court rejected defendant's argument that the death sentence could not be constitutionally imposed upon him because he was just 20 years old when he committed the capital crime at issue. The high court affirmed an order denying defendant's petition for post-trial relief.

  • Melmark, Inc. v. Schutt

    Publication Date: 2019-05-13
    Practice Area: Family Law
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0561

    Superior court erred in applying New Jersey law and denying plaintiff's equitable claims in its action to recover the costs of care for a disabled New Jersey resident from his parents because Pennsylvania law applied and plaintiff met the requirements for its equitable claims. Reversed.

  • Sands Bethworks Gaming, LLC v. Dep't of Revenue

    Publication Date: 2019-05-13
    Practice Area: Tax
    Industry: Entertainment and Leisure
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0562

    Casinos challenged the constitutionality of provisions of the gaming act creating the casino marketing and capital development account and the court found the provisions violated the fourteenth amendment and severed them from the act. Provisions severed and refund ordered.

  • County of Butler v. CenturyLink Commc'ns, LLC

    Publication Date: 2019-05-13
    Practice Area: Telecommunications
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0531

    Counties could not sue telecommunications providers for failure to collect fees in violation of the 911 Act where the statute vested exclusive enforcement authority with PEMA. Order of the commonwealth court reversed.

  • Hudson v. Pennsylvania Bd. of Probation and Parole

    Publication Date: 2019-04-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0393

    Parole board lacked statutory authority to grant parole to inmate serving a "term of life imprisonment" since that term had no minimum sentence and therefore was effectively a mandatory life sentence. Order of the commonwealth court affirmed.

  • FOP Fort Pitt Lodge 1 v. City of Pittsburgh

    Publication Date: 2019-03-11
    Practice Area: Dispute Resolution | Employment Litigation | Government
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0274

    Commonwealth court correctly found that interest arbitration award did not deviate from city's amended recovery plan under the municipal financial recovery act so as to trigger jurisdiction under §252(e), the challenge fell outside the scope of §252(e) and the court properly quashed the parties' appeals over the arbitration award for police officers' CBA. Affirmed.

  • Commonwealth v. Ortiz

    Publication Date: 2018-12-04
    Practice Area: Criminal Appeals | Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1430

    The intermediate court did not err in overturning defendant's conviction for kidnapping of a minor under §2901(a.1)(2) of the Crimes Code since the crime of interference with custody of children committed by a biological parent cannot serve as a predicate felony to support such a conviction. The high court affirmed the appellate court's ruling.

  • Downs Racing, LP v. Commonwealth

    Publication Date: 2018-11-06
    Practice Area: Tax
    Industry: Entertainment and Leisure
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1336

    Commonwealth court properly found that appellant owed sales and use taxes on payments to video company that provided screens, satellite dishes and closed-circuit television feeds for live displays to appellant's off-track wagering facilities because the record did not support appellant's argument it only purchased a nontaxable service but commonwealth court did err in denying a refund for sales and use taxes paid on royalty payments because the royalty fees did not involve the transfer of tangible personal property. Affirmed in part a

  • Commonwealth v. Irland

    Publication Date: 2018-10-16
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1184

    The trial court erred in granting a petition for the forfeiture and destruction of defendant's firearm, seized by police during a road rage incident, as there was no historical foundation establishing common law civil forfeiture in the commonwealth and civil forfeiture of derivative contraband required statutory authorization. The high court affirmed the intermediate court's order.