• Brouillette v. Wolf

    Publication Date: 2019-07-15
    Practice Area: Administrative Law | Legislation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0808

    Petitioners' constitutional challenge to the state budgets at issue were moot given that the requested declaratory relief would be of no appreciable affect due to the expiration of the relevant fiscal years, subsequent enactment of remedial legislation and, inter alia, absence of any allegations that present or future general appropriations bills were affected. The court dismissed petitioners' amended petition.

  • Commonwealth v. Luciani

    Publication Date: 2019-01-15
    Practice Area: Constitutional Law | Criminal Appeals | Legislation
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0018

    Since application of the Sex Offender Registration and Notification Act would inflict greater punishment upon defendant than the law in effect when he committed the crimes, the statute could not be applied retroactively to him without violating the ex post facto clause of the state constitution. The appellate court vacated in part defendant's judgment of sentence.

  • Phantom Fireworks Showrooms, LLC v. Wolf

    Publication Date: 2018-12-18
    Practice Area: Constitutional Law | Legislation | Tax
    Industry: Retail
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1542

    Petitioners challenged the constitutionality of the act of October 30, 2017, P.L. 672, No. 43 and the court found it did not violate the original purpose rule or the single subject, clear title and text publication requirements but did impermissibly delegate legislative authority and the court cured that by severing portions of the act. Summary relief granted in part and denied in part.

  • Bucks Co. Serv., Inc. v. Philadelphia Parking Auth. et al

    Publication Date: 2018-10-30
    Practice Area: Legislation | Regulations
    Industry: State and Local Government | Transportation
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1289

    The trial court erred in holding that the jurisdictional agreement between the Pennsylvania Public Utility Commission and the Philadelphia Parking Authority violated the plaintiff taxicab operator's substantive due process rights but correctly applied the Tire Jockey test to hold that certain challenged regulations governing plaintiffs were unreasonable. The high court reversed in part and affirmed in part.

  • 1400 North Third St. Enterprises, Inc. v. City of Harrisburg, License and Tax Appeal Bd.

    Publication Date: 2017-12-26
    Practice Area: Legislation | Regulations
    Industry: Food and Beverage | Real Estate
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1842

    The trial court did not err when it held that §611 of Pennsylvanias Liquor Code preempted the City of Harrisburgs nonrenewal of a liquor license based upon alleged nuisance activity at the licensed premises. The court affirmed the trial courts order.