Category: Pennsylvania Commonwealth Court Opinions

387 A.2d 687 In the Matter of: Condemnation by Urban Redevelopment Authority of Pittsburgh of Certain Lands in the 15th Ward of the City of Pittsburgh, Allegheny County, Pennsylvania, Redevelopment Area No. 40 (Greater Hazelwood) Being Property of Helen Duffy Hoffstot, or Any Other Persons Found To Have an Interest in the Property v. Urban […]

613 A.2d 658 SONGER INC. and Commerce and Industry Insurance Company, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (LYNN), Respondent. Commonwealth Court of Pennsylvania.Submitted May 10, 1991. Decided August 6, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A89-1510. Page 579 James A. Wood, for petitioner. James W. McTierman, for respondent Lynn. Mark Gordon and […]

722 A.2d 1176 IN RE: CONDEMNATION OF LANDS OF NAN PATTERSON, Appellant Commonwealth Court of Pennsylvania.Argued September 17, 1998. Filed January 14, 1999. Appeal from No. 742 C.D. 1998. Jeffery S. Treat, Honesdale, for appellant. Lee C. Krause, Honesdale, for appellee. Before: HONORABLE ROCHELLE S. FRIEDMAN, Judge, HONORABLE JIM FLAHERTY, Judge, HONORABLE JOSEPH F. McCLOSKEY, […]

486 A.2d 1038 Nicholas Martino, Petitioner v. Workmen’s Compensation Appeal Board (Signal Delivery Service), Respondents. Commonwealth Court of Pennsylvania.Argued December 10, 1984 January 22, 1985. Workmen’s compensation — Heart attack — Causal connection — Medical testimony. 1. In a workmen’s compensation case involving a heart attack, when there is no obvious causal connection between the […]

300 A.2d 823 First National Bank of Pike County v. Department of Banking and Bank of Matamoras, Intervening Appellee. Commonwealth Court of Pennsylvania.Argued January 10, 1973 March 1, 1973. Banks and banking — Due process — Administrative proceedings — Limitations upon cross-examination — Subpoena — Relevant evidence — Confidential information — Branch bank application — […]

547 A.2d 1276 Timothy J. Kline et al., Appellants v. Pennsylvania Mines Corporation et al., Appellees. Frances L. Depto et al., Appellants v. Pennsylvania Mines Corporation et al., Appellees. Commonwealth Court of Pennsylvania.Argued May 25, 1988. September 23, 1988. Department of Environmental Resources — Sovereign immunity — Motion for judgment on the pleadings — Duty […]

391 A.2d 1129 Octoraro Water Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued June 7, 1978 September 29, 1978. Pennsylvania Public Utility Commission — Inadequate findings — Rates — Fair value of utilities — Rate of return — Pragmatic adjustment theory. 1. When findings of fact of the Pennsylvania Public Utility […]

358 A.2d 436 Hazel Goddard, Appellee v. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Commonwealth Court of Pennsylvania.Argued May 3, 1976 June 8, 1976. Eminent domain — Failure to offer expert valuation testimony — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Remand. 1. To deny a condemnor the opportunity to present valuation […]

745 A.2d 1274 RICHARD A. YARMEY and JEANNE C. YARMEY, his wife, Appellants v. ZONING HEARING BOARD OF FORTY FORT BOROUGH and MARGARET ANN MORECK. No. 1657 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: December 6, 1999. Filed: January 21, 2000 Appeal from the Court of Common Pleas, Luzerne County, No. 4730-C of 1997, Ciavarella, J. William […]

664 A.2d 677 Richard GREEN, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs August 4, 1995. Decided August 29, 1995. Appeal from The Board of Probation and Parole, No. 8091-H. Page 678 Ira Houch, Public Defender, Shelley Stark, Chief-Appellate Division, and Mitchell A. Kauffman, Appellate Counsel, for petitioner. […]

550 A.2d 1045 John L. Thomas and Miriam Thomas v. Zoning Hearing Board of Benner Township and The Township of Benner. The Board of Supervisors of Benner Township, Appellant. Commonwealth Court of Pennsylvania.Argued November 3, 1988. December 1, 1988. Zoning — Accessory use — Stable — Burden of proof — Residential development — Rural character. […]

935 A.2d 81 Cerino v. Zoning Hearing Board of Towamensing Township.[1] No. 346CD07.Commonwealth Court of Pennsylvania. October 10, 2007. [1] Reargument and Reconsideration Denied Dec. 11, 2007. Appeal from the Carbon County 06-2777. Decisions Without Published Opinions Affirmed.

804 A.2d 73 Robert T. Miller v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 2157 C.D. 2000, 2157 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: September 7, 2001. Filed: April 5, 2002. Order Filed: July 31, 2002. ORDER AND NOW, this 31st day of July, 2002, it is ORDERED that the above-captioned […]

967 A.2d 1042 Sheryl SMITH, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 1760 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs: January 9, 2009. Decided: February 27, 2009. Page 1043 Sheryl A. Smith, petitioner, pro se. Michael E. Kennedy, Pittsburgh, for respondent. BEFORE: PELLEGRINI, Judge, SIMPSON, Judge, and McCLOSKEY, Senior Judge. OPINION BY Senior […]

624 A.2d 742 MACHIPONGO LAND AND COAL COMPANY, INC. and the Victor E. Erickson Trust and Joseph Naughton, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, the Environmental Quality Board, and Arthur A. Davis, Secretary of Environmental Resources, Respondents. Commonwealth Court of Pennsylvania.Argued December 15, 1992. Decided April 15, 1993. Reargument Denied May 14, […]

344 A.2d 754 International Association of Firefighters, Local 463, by Merle Vizza, Joseph Pagliaro and James Corrigan, Trustees ad litem, v. City of Johnstown, Appellant. Commonwealth Court of Pennsylvania.Argued May 7, 1975 September 10, 1975. Policemen and firemen — Act of 1968, June 24, P.L. 237 — Collective bargaining — Arbitration — Timely request for […]

515 A.2d 1004 Ronald Coleman, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. October 1, 1986. Parole — Scope of appellate review — 37 Pa. Code § 71.2(1) — Warning. 1. In a parole case, credibility decisions and the resolution of conflicting testimony are matters for the […]

439 A.2d 1325 John T. Nicodem, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Police, Respondent. Commonwealth Court of Pennsylvania.Argued December 17, 1981 January 28, 1982. Policemen and firemen — Court-martial — Denial of continuance — Disciplinary board membership — Due process — Interrogation of counsel — Political activities — Failure to obey lawful orders — […]

631 A.2d 781 Stephen B. BATOFF, Ph.D., Petitioner, v. COMMONWEALTH of Pennsylvania, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, STATE BOARD OF PSYCHOLOGY, Respondent. Commonwealth Court of Pennsylvania.Argued May 13, 1993. Decided September 1, 1993. Page 268 David S. Dessen, for petitioner. Joyce McKeever, Chief Counsel, for respondent. Before CRAIG, President Judge, and SMITH, J., and […]

826 A.2d 21 Wausau Insurance Companies, Petitioner v. Workers’ Compensation Appeal Board (Commonwealth of Pennsylvania), Respondent. No. 3061 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: April 4, 2003. Filed: May 13, 2003. Page 22 Robert F. O’Donnell, Philadelphia, for petitioner. Thomas P. Howell, Harrisburg, for respondent. Before: Honorable Bernard L. Mcginley, Judge; Honorable Robert Simpson, Judge; Honorable […]

461 A.2d 899 William E. Hall and Shirley H. Hall, Appellants v. The Middletown Township Delaware County Sewer Authority, Appellee. Commonwealth Court of Pennsylvania.Argued April 4, 1983 June 24, 1983. Eminent domain — Limitation of actions — Eminent Domain Code, Act of June 22, 1964, P.L. 84 — Preliminary objections — Answer and new matter […]

611 A.2d 370 DUQUESNE LIGHT COMPANY, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued May 12, 1992. Decided June 5, 1992. Appeal from the Public Utility Commission, No. F-9052322. Page 379 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

404 A.2d 451 Larry Matisko, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 7, 1979 August 7, 1979. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — insubordination. 1. An employe discharged for failure to follow reasonable instructions, insubordination […]

373 A.2d 774 In Re: Condemnation by the Redevelopment Authority of the City of Harrisburg of Certain Parcels of Real Estate in the City of Harrisburg in Connection With Urban Renewal Project Known as Penn-Susquehanna Flood Project UR PA. R-634(c). Goodwill Industries of Central Pennsylvania, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued March 11, 1977 May […]

452 A.2d 614 Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant v. Quaker State Oil Refining Company, Appellee. Quaker State Oil Refining Company, Appellant v. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellee. Commonwealth Court of Pennsylvania.Argued May 3, 1982 November 19, 1982. Environmental law — Summary criminal proceedings — The Clean Streams Law, Act […]

Freeman v. Ulrich. No. 2115CD08.Commonwealth Court of Pennsylvania. July 20, 2009. Appeal from the Allegheny County GD 08-18919 Decisions Without Published Opinions Affirmed.

514 A.2d 967 William D. Reider, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. September 5, 1986. Pennsylvania Board of Probation and Parole — Denial of parole — Appealable order — Scope of appellate review — Act of August 6, 1941, P.L. 861 — Administrative Agency Law, […]

801 A.2d 1280 In Re: Free and Clear Sale Conducted November 19, 1998 Sale No. 10, Deed No. 23198 Richard Popkin, Appellant. No. 1669 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: April 10, 2002 Filed: July 2, 2002 Page 1281 Appeal from the Court of Common Pleas, Luzerne County, No. 8226-C of 2000, Olszewski, J. Lewis W. […]

774 A.2d 798 The School District of Philadelphia, Petitioner v. Independence Charter School, Respondent. No. 1934 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: March 7, 2001. Filed: May 3, 2001. Page 799 Before: Honorable Joseph T. Doyle, President Judge; Honorable James Gardner Colins, Judge; Honorable Doris A. Smith, Judge; Honorable Dan Pellegrini, Judge; Honorable Rochelle S. Friedman, […]

Tripodi v. North Coventry Township. No. 1214CD10.Commonwealth Court of Pennsylvania. March 24, 2011. Appeal from the Chester County 2007-10957-IR. Commonwealth Court of Pennsylvania Decisions Without Published opinions Affirmed.

762 A.2d 395 CITY OF PHILADELPHIA, CITY OF PHILADELPHIA LAW DEPARTMENT v. STEVEN FREMPONG, a/k/a STEVEN FREMPONG ATUAHENE and AGNES MANU, a/k/a AGNES FREMPONG ATUAHENE, Appellants. No. 3225 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: September 22, 2000. Filed: November 13, 2000. Page 396 Steven and Agnes Srempong Authauhene, appellants, pro se. Michael W. Perner, Philadelphia, for […]

415 A.2d 910 Joyce Lynn McKay, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued April 11, 1980 June 4, 1980. Motor vehicles — Recall of operator’s privilege — Scope of appellate review — De novo hearing — Burden of proof — Vehicle Code, 75 Pa. C.S. § 1519 — Judicial Code, 42 Pa. […]

601 A.2d 404 Linda K. COX, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (BROOKVILLE GLOVE MANUFACTURING), Respondent. Commonwealth Court of Pennsylvania.Submitted October 11, 1991. Decided December 11, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-97671. Page 148 Richard G. Spagnolli, for petitioner. James S. Routch, for respondent. Before COLINS and PELLEGRINI, JJ., and BARBIERI, […]

304 A.2d 181 Hegedic v. Department of Transportation. Commonwealth Court of Pennsylvania.Argued March 6, 1973 May 10, 1973. Eminent domain — Declaration of taking — Compliance with federal law — Public use — Burden of proof — Private benefit — Eminent Domain Code, Act 1964, June 22, P. L. 84 — Constitutional challenge — Preliminary […]

353 A.2d 93 West Shore School District v. Michael Homick and West Shore Education Association, Appellants. Commonwealth Court of Pennsylvania.Argued September 9, 1975 March 9, 1976. Public records — Act of 1957, June 21, P.L. 390 — Personnel file of teacher — Right to inspect. 1. The Act of 1957, June 21, P.L. 390, requires […]

485 A.2d 886 Roger L. Patterson, Petitioner v. Workmen’s Compensation Appeal Board (Wayne W. Sell Corporation), Respondents. Commonwealth Court of Pennsylvania.Argued November 13, 1984 January 2, 1985. Workmen’s compensation — Employer-employee relationship — Truck rentals. 1. For workmen’s compensation purposes the existence of an employer-employee relationship must be determined on a case-by-case basis; the crucial […]

320 A.2d 459 Miles Mahoney, David Gilmore, Thomas Stathis and Jon Steinberg, Appellants, v. Philadelphia Housing Authority, Appellee. Commonwealth Court of Pennsylvania.Argued April 4, 1974 June 5, 1974. Employment — Authorities — Employment contracts — Housing Authorities Law, Act 1937, May 28, P. L. 953 — Tenure — Dismissal at will — Public Employe Relations […]

547 A.2d 883 Dennis and Marjorie Akin and Richard and Nancy Tritt, Appellants v. South Middleton Township Zoning Hearing Board and Ebener Associates, Appellees. Commonwealth Court of Pennsylvania.Argued April 19, 1988. September 27, 1988. Subdivision — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Security — Appeal — Trespass. 1. Approval […]

468 A.2d 548 Para Transit Corporation, etc. et al., Appellants v. County of Monroe et al., Appellees. Commonwealth Court of Pennsylvania.Argued June 6, 1983 December 15, 1983. Eminent domain — Transportation — Scheduled route service system — Authority — Municipality Authorities Act of 1945, Act of May 2, 1945, P.L. 382 — Taxicab — De […]

637 A.2d 718 Shirley SHAPIRO, Appellant, v. SCHOOL DISTRICT OF PHILADELPHIA. Commonwealth Court of Pennsylvania.Argued October 7, 1993. Decided January 27, 1994. Appeal from the Court of Common Pleas, Philadelphia County, No. 1263 July Term 1992, Manfredi, J. Page 512 Edmunds J. Brokans, for appellant. Page 513 Vincent J. Salandria, Asst. Gen. Counsel, for appellee. […]

782 A.2d 586 City of Pittsburgh Commission on Human Relations; Carolyn Fisher and Edward Fisher; and the Fair Housing Partnership, Inc. v. Nello DeFelice and Lidia DeFelice, Appellants. No. 1945 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: May 7, 2001. Filed: August 14, 2001. Page 587 Before: Honorable Joseph T. Doyle, President Judge; Honorable James R. Kelley, […]

John J. TURCHI, Jr. and Mary E. Turchi, Appellants v. PHILADELPHIA BOARD OF LICENSE AND INSPECTION REVIEW and Concerned Citizens in Opposition to the Dilworth Development. Nos. 1273 C.D. 2010, 1274 C.D. 2010.Commonwealth Court of Pennsylvania.Argued February 8, 2011. Decided April 18, 2011. Appeal from the Court of Common Pleas, Philadelphia County, Nos. 00890 October […]

463 A.2d 491 The Philadelphia Housing Authority, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. August 2, 1983. Submitted on briefs June 8, 1983, to Judges BLATT, DOYLE and BARBIERI, sitting as a panel of three. Appeal, No. 1484 C.D. 1981, from the Order of the Unemployment Compensation […]

792 A.2d 29 Zippo Manufacturing Company, Petitioner v. Workers’ Compensation Appeal Board (Louser), Respondent. No. 2216 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: December 28, 2001. Filed: February 12, 2002. Page 30 Before: Honorable Dan Pellegrini, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Jim Flaherty, Senior Judge. Page 31 OPINION JUDGE FRIEDMAN Zippo Manufacturing Company (Employer) petitions […]

596 A.2d 1153 Grace HALL, Appellant, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (SEPTA), Appellee. Commonwealth Court of Pennsylvania.Argued June 13, 1991. Decided August 7, 1991. Appeal from the Common Pleas Court, Philadelphia County, No. 3301 September Term, 1986, Bernard J. Goodheart, J. Page 592 Carole F. Kafrissen, Philadelphia, for appellant. Joan A. Zubras, Philadelphia, for appellee. […]

389 A.2d 1214 Board of School Directors of Riverside Beaver County School District, Beaver County, Pennsylvania, Petitioner v. Barton W. Howe, III, Respondent. Commonwealth Court of Pennsylvania.Argued June 9, 1978 August 15, 1978. Schools — Dismissal of professional employe — Words and phrases — Immorality — Public School Code of 1949, Act 1949, March 10, […]

407 A.2d 903 Greene Landfill, Inc., Appellant v. Greene Township Zoning Hearing Board and Greene Township, Appellees. Commonwealth Court of Pennsylvania.Argued May 10, 1979 October 25, 1979. Zoning — Scope of appellate review — Error of law — Pendency of application for permit — Collateral estoppel — Jurisdiction of zoning hearing board — Pennsylvania Municipalities […]

457 A.2d 989 G.M.P. Land Company, Inc., Appellant v. Board of Supervisors of Hegins Township and Hegins Township Environmental Association, Appellees. Commonwealth Court of Pennsylvania.Argued February 1, 1983 March 14, 1983. Zoning — Exclusionary zoning — Strip mining restrictions — Burden of proof — Accessibility of coal deposits — Confiscation — Surface uses — Police […]

287 A.2d 862 Armour Rentals, Inc., et al. v. General State Authority. Commonwealth Court of Pennsylvania.Argued November 4, 1971 February 28, 1972. Sovereign immunity — Governmental function — The General State Authority Act, Act 1949, March 31, P. L. 372 — Waiver of immunity — Trespass — Contracts — Third party beneficiary — Implied contracts […]

547 A.2d 814 Three Rivers Aluminum Company v. George Brodmerkle et al. Catherine Robinson, Leslie Tarquinio, et vir et al., Appellants. Commonwealth Court of Pennsylvania.Argued May 26, 1988. September 14, 1988. Zoning — Injunctions — Liquor sales — Accessory use. 1. A court may vacate, modify or dissolve an injunction if in its discretion, judicially […]

851 A.2d 1003 James Hears, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 1213 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: December 26, 2003. Filed: May 17, 2004. Harry J. Cancelmi, Jr., Waynesburg, for petitioner. Arthur R. Thomas, Harrisburg, for respondent. BEFORE: COLINS, President Judge; LEAVITT, Judge; KELLEY, Senior Judge. OPINION BY Judge LEAVITT. James […]

614 A.2d 342 TIMBER TRAILS COMMUNITY ASSOCIATION and Lake Naomi Club v. COUNTY OF MONROE and Monroe County Board of Assessment Appeals (Two Cases). LAKE NAOMI CLUB v. COUNTY OF MONROE and Monroe County Board of Assessment Appeals (Two Cases). TIMBER TRAILS COMMUNITY ASSOCIATION v. COUNTY OF MONROE and Monroe County Board of Assessment Appeals […]

457 A.2d 182 Margery Mayberry, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 15, 1983. Unemployment compensation — Advising of rights — Prejudice. 1. An unemployment compensation case must be remanded when the claimant was not advised of her rights to counsel and to cross-examine witnesses and […]

660 A.2d 211 MARPLE TOWNSHIP, Appellant, v. DELAWARE COUNTY F.O.P. LODGE 27. Commonwealth Court of Pennsylvania.Argued May 9, 1995. Decided June 8, 1995. Appeal from Court of Common Pleas, Delaware County, No. 94-1394, Clouse, J. Robert F. Papanno, for appellant. S. Stanton Miller, Jr., for appellee. Before PELLEGRINI and KELLEY, JJ., and KELTON, Senior Judge. […]

551 A.2d 648 Gail Borger, Appellant v. Pleasant Valley School District, Appellee. Commonwealth Court of Pennsylvania.Argued September 13, 1988. December 16, 1988. Taxation — Occupational tax — Per capita tax — Local Tax Enabling Act, Act of December 31, 1965, P.L. 1257 — Mandamus — Second Class Township Code, Act of May 1, 1933, P.L. […]

695 A.2d 895 ROBERT A. MILISITS v. CITY OF PITTSBURGH, Appellant. Commonwealth Court of Pennsylvania.Argued March 13, 1997. Decided May 20, 1997. Reargument Denied July 17, 1997. Appeal from the the Common Pleas Court, Allegheny County, No. S.A 94-4252, Watson, J. Page 896 Marianne S. Malloy, Pittsburgh, for appellant. Paul D. Boas, pittsburgh, for appellee. […]

437 A.2d 1310 William Frederick Holtzapfel, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Department of Public Welfare, Respondents. Commonwealth Court of Pennsylvania.Argued May 6, 1981 December 23, 1981. Workmen’s compensation — Occupational disease — Burden of proof — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Incidence […]

James HOWRIE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CMC EQUIPMENT RENTAL), Respondent. No. 171 C.D. 2005.Commonwealth Court of Pennsylvania.Submitted on Briefs May 6, 2005. Decided July 20, 2005. Appeal from the Board, No. A02-3181, affirming the decision of the Workers’ Compensation Judge. D. Bruce Hanes, Philadelphia, for petitioner. Neil Mittelman, Blue Bell, for respondent. Page […]

677 A.2d 1333Commonwealth Court of Pennsylvania. June 1996. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION — —– —— —- ————- ———– Leake v. Borough of Carroll Valley …….. 1564CD95 6/3/96 Adams County Affirmed 94-S-1087 Lappawinzo Fish and Game Protection Association v. Zoning Hearing Board of Allen Township ………… 153CD95 6/5/96 Northampton County Affirmed 1990-C-2857 […]

310 A.2d 717 King Kup-Schoener Candies, Inc. and Pennsylvania Manufacturers’ Association Insurance Company, Insurance Carrier, Appellants v. Workmen’s Compensation Appeal Board and Florence Ernst, Appellees. Commonwealth Court of Pennsylvania.Argued September 14, 1973 October 29, 1973. Workmen’s compensation — Capricious disregard of competent evidence — Available work — Uncontradicted evidence — Decision by successor referee — […]

695 A.2d 953 ANNE MARIE VALANIA, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs April 18, 1997. Decided June 10, 1997. Appeal from the Court of Common Pleas, Luzern County, Np. 6220-C of 1997, Padcasyk, J. Page 954 Joseph T. Heber, Allentown, for appellant. Timothy […]

503 A.2d 80 James Weyand, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. January 3, 1986. Pennsylvania Board of Probation and Parole — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Constitutional rights — Act of August 6, 1941, […]

426 A.2d 743 Colt Industries, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Calvin Montgomery, Respondents. Commonwealth Court of Pennsylvania.Argued November 20, 1980 March 12, 1981. Workmen’s compensation — Bronchitis — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Occupational disease — Steel industry — Course of employment […]

587 A.2d 25 In re Grievance by Robert W. GLOVER. Appeal of Robert W. GLOVER and the Interboro Education Association, Appellants. Commonwealth Court of Pennsylvania.Argued December 6, 1990. Decided January 29, 1991. Reargument Denied March 25, 1991. Appeal from the Court of Common Pleas, Delaware County, No. 90-1775, Harry J. Bradley, J. Page 430 [EDITORS’ […]

520 A.2d 83 Paul K. Waldspurger, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania. January 13, 1987. Motor vehicles — Suspension of motor vehicle operator’s license — Refusal of breath test — Scope of appellate review — Findings of fact — Error of law — Abuse of discretion — Reasonable belief — Hearsay […]

348 A.2d 499 John E. Russell, Appellant v. Penn Township Planning Commission and Penn Township Supervisors, Appellees. Commonwealth Court of Pennsylvania.Argued October 27, 1975 December 5, 1975. Zoning — Conditional use — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Comprehensive plan — Exclusionary zoning — De facto exclusion — Presumption of […]

482 A.2d 1360 Henry H. Brown, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Police, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1984 October 31, 1984. State police — Dismissal — Burden of proof — Court martial — Governor. 1. A dismissed state police officer bears the burden, of showing that the state police followed an […]

ALLEGHENY LUDLUM CORPORATION, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (HINES), Respondent. No. 1022 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs October 6, 2006. Decided December 19, 2006. Page 346 Lawrence J. Baldasare, Pittsburgh, for petitioner. John E. Quinn, Pittsburgh, for respondent. BEFORE: COLINS, President Judge, and SIMPSON, Judge, and LEAVITT, Judge. OPINION BY Judge LEAVITT. […]

706 A.2d 1275 JAMES C. HUHTA, M.D., Petitioner v. STATE BOARD OF MEDICINE, Respondent. Commonwealth Court of Pennsylvania.Argued December 8, 1997. Decided January 27, 1998. Appealed from State Board of Medicine, No. 0114-49-97, Narick, Senior Judge. Charles I. Artz, Harrisburg, for petitioner. Gerald S. Smith, Harrisburg, for respondent. Before GARDNER COLINS, President Judge, Flaherty, J., […]

526 A.2d 834 Louise Fleck, Plaintiff v. American Federation of State, County and Municipal Employees, AFL-CIO, Dauphin County Pennsylvania Public Employees District Council 90 and Commonwealth of Pennsylvania, Department of Aging, Defendants. Commonwealth Court of Pennsylvania.Argued April 21, 1987. May 27, 1987. Labor — Standing of employe to sue employer — Compelling arbitration — Equitable […]

556 A.2d 947 Donald Gaster and Mary Ann Gaster, Appellants v. The Township of Nether Providence, Joseph Luglio and Robert Clancey, Appellees. Commonwealth Court of Pennsylvania.Argued: December 12, 1988. April 5, 1989. Zoning — Preliminary objections — Demurrer — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Hearing — Deemed approval […]