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Publication Date: 2024-05-17 Practice Area:Tax Industry: Court:Commonwealth Court Judge:Judge Wallace Attorneys:For plaintiff: for defendant: Case Number: 168 C.D. 2023
Tax bureau failed to comply with notice requirements of the Real Estate Tax Sale Law by not undertaking reasonable efforts to locate the property's owner after the upset sale notice was returned undelivered. Order of the trial court reversed.
In a §1925(a) opinion, the court urged the Superior Court to quash the appeal of a "Part 2" partition decision as untimely or alternatively affirm the court's Dec. 26, 2023, order because neither party preserved any issues for appellate review.
Appellants appealed the trial court's orders overruling their appeal of Commonwealth's administrative suspension of their official certifications as an auto safety inspection center and safety inspector. The court vacated the trial court's orders and remanded for further proceedings where the trial court failed to explain whether it considered modifying Commonwealth's penalties after it made new findings that Commonwealth failed to prove certain inspection violations were present at the time appellants inspected a deteriorated motor v
Delay in providing student with requested reevaluation resulted in deficits in academic and behavioral support that resulted in student being denied a free appropriate public education. Plaintiffs' motion for summary judgment granted in part and denied in part.
Defendant satisfied the three prongs required to open the default judgment entered against him on plaintiff's complaint for personal injuries. Petition to open default judgment granted.
Appellant appealed the trial court's orders convicting him of summary offenses under the Game and Wildlife Code. The court reversed in part, affirmed in part, and remanded to the trial court for resentencing. The court held in pertinent part that the trial court erred in finding a hunting guide guilty of violating Game Code section 2308(a)(7), prohibiting the use of a vehicle for hunting, where the guide drove a hunting party to a planned destination before they disembarked and hunted elk on foot from an adjacent field.
City and city councilman appealed the court's denial of their appeal of a decision of city's zoning board of adjustment that granted property owner's application for a commercial property use permit. The court requested that its decision be affirmed where Board's decision was supported by substantial evidence that the approved variance was properly limited in scope for a unique property and would not result in adverse impacts.
District court misinterpreted the applicable U.S. Sentencing Guidelines and erroneously failed to consider evidence proffered in mitigation by appellant at sentencing. The court vacated appellant's sentence and remanded for resentencing.
Settlement agreement arising from bankruptcy mediation did not evidence the parties' intent to waive confidentiality protections under local bankruptcy rules.