Category: Pennsylvania Commonwealth Court Opinions

798 A.2d 823 Borough of Homestead, Appellant v. St. Mary Magdalen Church, The Diocese of Pittsburgh and Board of Property Assessment and Review. No. 1010 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: February 11, 2002. Filed: May 21, 2002. Appeal from the Court of Common Pleas, Allegheny County, No. GD 00-011807, Jaffe, J. Page 824 Bernard M. […]

570 A.2d 129 BOROUGH OF BELLEFONTE and Bellefonte Borough Authority, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued November 16, 1989. Decided February 12, 1990. Petition for Allowance of Appeal Denied June 19, 1990. Appeal from the Environmental Hearing Board, EHB Docket No. 88-458-F. Page 313 Charles J. Kroboth, […]

454 A.2d 653 Inmates of the Cumberland County Prison et al., Petitioners v. Commonwealth of Pennsylvania, Department of Justice et al., Respondents. Allan Bowermaster et al., Intervening Party Petitioners. Inmates of the Cumberland County Prison et al., Petitioners v. Commonwealth of Pennsylvania, Department of Justice et al., Respondents. Commonwealth Court of Pennsylvania.Argued November 17, 1982 […]

DEPARTMENT OF PUBLIC WELFARE/NORRISTOWN STATE HOSPITAL, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ROBERTS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 10, 2010. Decided June 21, 2011. Publication Ordered October 14, 2011. John B. O’Brien, Philadelphia, for petitioner. Kenneth S. Saffren, Jenkintown, for respondent. BEFORE: COHN JUBELIRER, Judge, and LEAVITT, Judge, and BUTLER, Judge. Page […]

631 A.2d 1097 Dr. Gerald E. POESNECKER, Dr. Harold E. Buttram, and Vernon R. Briggs v. Paul P. RICCHIO, Frank Fedele, Jack C. Kindle and Peter A. Poulos, Appellants. Commonwealth Court of Pennsylvania.Argued June 16, 1993. Decided September 17, 1993. Appeal from the Common Pleas Court, Bucks County No. 89-7661-15-5, Sokolove, J. Page 460 [EDITORS’ […]

SCHUYLKILL HAVEN BOROUGH v. SCHUYLKILL HAVEN POLICE OFFICERS ASSOCIATION, Appellant. No. 2489 C.D. 2005.Commonwealth Court of Pennsylvania.Argued June 8, 2006. Decided December 22, 2006. Appeal from the Court of Common Pleas, Schuylkill County, No. S-1145-2005, Dolbin, J. Page 937 Richardson Todd Eagen, Harrisburg, for appellant. Scott E. Blissman, Philadelphia, for appellee. BEFORE: PELLEGRINI, Judge, and […]

948 A.2d 185 LEBANON VALLEY BRETHREN HOME and Workers’ Compensation Security Fund, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (FLAMMER), Respondent. No. 2016 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: February 1, 2008. Decided: March 11, 2008. Ordered Published: May 20, 2008. Page 186 Joseph C. Patterson, Harrisburg, for petitioners. David R. Warner, Jr., Lebanon, for […]

400 A.2d 907 Lieutenant Matthew E. Hunt, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Police et al., Respondents. Commonwealth Court of Pennsylvania.Argued March 9, 1979 April 25, 1979. Mandamus — Discretionary acts — Transfer of state police officer — Discretion of State Police Commissioner — State Police Regulations — Grievance — Hearing — Right of […]

2 A.3d 802 CALLOWHILL CENTER ASSOCIATES, LLC, Appellant v. ZONING BOARD OF ADJUSTMENT, City of Philadelphia, Society Created to Reduce Urban Blight, Northern Liberties Neighbors Association, Old City Civic Association, Mary Tracy and John Struble. No. 1522 C.D. 2009.Commonwealth Court of Pennsylvania.Argued May 18, 2010. Decided August 9, 2010. Appeal from the Court of Common […]

Jennings v. Zoning Bd. of Adj. of the City of Pgh. No. 1638CD10.Commonwealth Court of Pennsylvania. July 28, 2011. Appeal from the Allegheny County SA 09-001333. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

645 A.2d 333 Paul T. McCOMMONS, Petitioner, v. PENNSYLVANIA STATE POLICE, Respondent. Commonwealth Court of Pennsylvania.Argued April 12, 1994. Decided June 22, 1994. Petition for Allowance of Appeal Denied December 5, 1994. Appeal from the State Police Commissioner. Page 281 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

$6,319.00 in U.S. Currency, In re; Comm. of PA v. Payne. No. 2514 C.D. 09.Commonwealth Court of Pennsylvania. May 26, 2010. Appeal from the Somerset County 115 MD 04. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Affirmed.

520 A.2d 514 Board of Supervisors of Venango Township, Erie County, Pennsylvania, Appellant v. Thomas Radu, Appellee. Commonwealth Court of Pennsylvania. January 29, 1987. Zoning — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Deemed decision — Condition use permit. 1. The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, […]

400 A.2d 913 Robert Royer, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1979 April 27, 1979. Public assistance — Aid to Families with Dependent Children — Dependent child — Incapacitation — Employment — Medical examination — Benefit computation formula — Earned income. 1. An applicant is […]

498 A.2d 34 Margaret M. Farkaly, Petitioner v. Workmen’s Compensation Appeal Board (Baltimore Life Insurance Company), Respondents. Commonwealth Court of Pennsylvania. September 11, 1985. Workmen’s compensation — Modification — Burden of proof — Available work. 1. An employer or its insurance carrier seeking to modify a workmen’s compensation agreement and asserting that a claimant’s disability […]

289 A.2d 767 Kramer v. City of Bethlehem. Commonwealth Court of Pennsylvania.Argued February 10, 1972 April 12, 1972. Municipalities — Dismissal of policeman — Third Class City Code, Act 1931, June 23, P. L. 932 — Suspension of policeman — Words and phrases — Conduct unbecoming an officer — Standard of proof — Criminal charges […]

749 A.2d 1010 ANDREW BRIMMER, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (NORTH AMERICAN REFRACTORIES), Respondent. No. 796 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: December 7, 1999. Filed: March 7, 2000. Reargument Denied May 8, 2000. Appeal from the Workers’ Compensation Board, No. A98-1117. Thomas J. O’Brien, Philadelphia, for petitioner. Francis P. Fitzsimmons, Philadelphia, for respondent. Before: […]

529 A.2d 103 H. K. Porter Company, Petitioner v. Workmen’s Compensation Appeal Board (O’Connor), Respondents. Commonwealth Court of Pennsylvania. August 6, 1987. Workmen’s compensation — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Pre-existing condition — Referee — Medical testimony. 1. Section 301(c) of The Pennsylvania Workmen’s Compensation Act, Act […]

430 A.2d 733 Samuel Brullo, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 6, 1981 June 12, 1981. Unemployment compensation — Findings of fact — Substantial evidence — Refusal of employment referral — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Transportation difficulties. […]

HIGGINS v. TAX REVIEW BOARD; IN RE FIRST UNION NATIONAL BANK. No. 726CD04.Commonwealth Court of Pennsylvania. September 28, 2004. Appeal from the Philadelphia County 3932 May Term 2003. Decision without published opinion. Vacated and Remanded.

467 A.2d 100 Willie Wiley, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. November 3, 1983. Parole — Revocation hearing — Timeliness — Guilty verdict — Continuance — Technical parole violation hearing — Preliminary hearing. 1. When a parolee has waived a full hearing before the Pennsylvania […]

289 A.2d 253 Short, et al. v. Commonwealth. Commonwealth Court of Pennsylvania.Argued February 24, 1972 March 29, 1972. Eminent domain — Condemnation of easement for highway purposes — State Highway Law, Act 1945, June 1, P. L. 1242 — Right of way — Support — Just compensation — Anticipatory damages — Unrestricted use — Liability […]

317 A.2d 54 Watson F. Szychulski, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued February 8, 1974 March 5, 1974. Unemployment compensation — Wilful misconduct — Refusal of orders — Employer’s interest — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897. 1. The refusal of an […]

417 A.2d 1323 Mildred and William E. Duncan, Petitioners v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Respondent. Commonwealth Court of Pennsylvania.Argued June 5, 1980 August 13, 1980. Liquor license — Renewal — Exhaustion of administrative remedies — Equity. 1. When parties seeking to challenge the Pennsylvania Liquor Control Board’s failure to renew their liquor […]

629 A.2d 278 Daniel McNULTY, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted on Briefs February 12, 1993. Decided July 22, 1993. Appeal from the Court of Common Pleas, Crawford County, A.D. 1991-1122, Vardaro, J. Page 261 Donald E. Lewis, for appellant. Timothy P. Wile, Asst. Counsel […]

347 A.2d 332 Workmen’s Compensation Appeal Board of The Commonwealth of Pennsylvania and Anthony M. DeCusatis v. City of Hazleton, Appellant. Commonwealth Court of Pennsylvania.Argued September 12, 1975 November 6, 1975. Workmen’s compensation — The Pennsylvania Occupational Disease Act, Act 1939, June 21, P.L. 566 — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, […]

381 A.2d 221 William Tyrone Simmons, Plaintiff v. Board of Probation and Parole for The Commonwealth of Pennsylvania et al., Defendants. Commonwealth Court of Pennsylvania. January 3, 1978. Pennsylvania Board of Probation and Parole — Recommitment of parole violator — Recommitment hearing — Due process — Reparole — Moot questions. 1. A challenge to the […]

521 A.2d 497 CRH Catering Co., Inc., a Pennsylvania Corporation, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued November 17, 1986 February 18, 1987. Taxation — Burden of proof — Classification — Vending machines — Convenience stores — Sales tax — Tax Reform Code of 1971, Act of March 4, 1971, P.L. 6 […]

449 A.2d 875 Richard Sollosi, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 7, 1982. Unemployment compensation — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — Corporate officer — Unemployed businessman — Due process. 1. In an unemployment compensation case where […]

377 A.2d 1022 Commonwealth of Pennsylvania, Department of State, Commissioner of Professional Occupational Affairs, State Board of Podiatry Examiners v. Edward L. Chairman, David M. Rose and Ronald Brittner, Appellants. Commonwealth Court of Pennsylvania.Argued June 10, 1977 September 15, 1977. State Board of Podiatry Examiners — Suspension of professional license — Due process — Fair […]

392 A.2d 917 Leo M. Elijah, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1978 October 27, 1978. Unemployment compensation — Scope of appellate review — Questions of law — Findings of fact — Substantial evidence. 1. In an unemployment compensation case review by the Commonwealth […]

408 A.2d 1169 Sun Oil Company, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 1, 1979 December 13, 1979. Unemployment compensation — Scope of appellate review — Burden of proof — Willful misconduct — Assault and battery. 1. The scope of review of the Commonwealth Court in […]

820 A.2d 833 1999 Tax Claim Bureau of Consolidated Returns Appeal of: Charles O’Neill and Marie O’Neill. No. 880 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: March 5, 2003. Filed: April 2, 2003. Appeal from the Court of Common Pleas, Sullivan County, No. 2001-CV424, Vanston, President Judge. Page 834 James A. Pruyne, Towanda, for appellant. Kenneth R. […]

474 A.2d 1221 Joseph John Skilone, Petitioner v. Workmen’s Compensation Appeal Board (L. E. Smith Glass Company), Respondents. Commonwealth Court of Pennsylvania. May 9, 1984. Workmen’s compensation — The Pennsylvania Occupational Discase Act, Act of June 21, 1939, P.L. 566 — Jurisdiction — Appeals. 1. The Commonwealth Court of Pennsylvania does not have jurisdiction over […]

627 A.2d 308 In re Appeal of William T. and Betty J. GREGOR from the Decision of the East Greenville Borough Zoning Hearing Board. Appeal of William T. and Betty J. Gregor, Appellants. Commonwealth Court of Pennsylvania.Argued November 20, 1992. Decided June 24, 1993. Appeal from the Court of Common Pleas, Montgomery County, No. 91-06796, […]

760 A.2d 1209 MICHAEL G. LEVINE, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (NEWELL CORPORATION and TRAVELERS INSURANCE CO.), Respondents. No. 1757 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: December 3, 1999. Filed: October 19, 2000. Page 1210 Susan Paczak, Pittsburgh, for petitioner. Michael Relich, Pittsburgh, for respondent. Before: Honorable Joseph T. Doyle, President Judge; Honorable James Gardner […]

791 A.2d 444 In Re: Estate of Andrew Jonathan Wagner Appeal of: Commonwealth of Pennsylvania, Department of Public Welfare In Re: Estate of Andrew Jonathan Wagner Appeal of: Lehigh County Office of Children and Youth Services. No. 513 C.D. 2001, 556 C.D. 2001.Commonwealth Court of Pennsylvania.Argued: October 17, 2001. Filed: January 11, 2002. Reargument Denied […]

Tobe v. Mills. No. 1345CD10.Commonwealth Court of Pennsylvania. May 3, 2011. Appeal from the Allegheny County SA-09-001311. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

512 A.2d 1346 John C. Keisling, Appellant v. Carlynton School District, Appellee. Commonwealth Court of Pennsylvania.Argued March 13, 1986 July 24, 1986. Jury — Waiver — Pre-trial conference — Pre-trial statement — Notice. 1. The failure of a party to appear at a pre-trial conference or to submit a pre-trial statement cannot be construed as […]

744 A.2d 352 GEORGE M. LUCCHINO, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent No. 3201 C.D. 1998Commonwealth Court of Pennsylvania.Argued: September 14, 1999 Decided: January 12, 2000 Appeal from the Environmental Hearing Board, (EHB), No. 96-114-R. Page 353 Thomas Alan Linzey, Shippensburg, for petitioner. Martin H. Sokolow, Jr., Harrisburg, for respondent. Before: […]

593 A.2d 8 Alan L. DUNKELBERGER, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted April 25, 1991. Decided June 5, 1991. Appeal from the Pennsylvania Board of Probation and Parole, No. 1466-S. Page 361 Scott D. Moore, for petitioner. Arthur R. Thomas, Harrisburg, for respondent. Before PALLADINO and BYER, JJ., […]

525 A.2d 467 Elias Diaz, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. May 7, 1987. Parole — Petition for leave to withdraw as counsel — Frivolous appeal. 1. When counsel in a parole recommitment case has filed a petition for leave to withdraw, the duty of […]

845 A.2d 991 CACO Three, Inc., Appellant v. Board of Supervisors of Huntington Township. No. 2929 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: September 11, 2003. Filed: March 29, 2004. Page 992 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 993 Ronald M. Lucas, […]

635 A.2d 242 Arthur MOSS, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (PENNSYLVANIA STATE POLICE), Respondent. Commonwealth Court of Pennsylvania.Submitted July 30, 1993. Decided December 13, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A92-857. Charistian J. Barbieri, for petitioner. Sam S. Auslander, for respondent. Page 458 Before COLINS and PELLEGRINI, JJ., and KELTON, Senior […]

Joseph RE ID and Sarah Reid v. CITY OF PHILADELPHIA, Appellant. Commonwealth Court of Pennsylvania.Argued June 5, 2006. Decided August 3, 2006. Appeal from the Court of Common Pleas, Philadelphia County No. 1372 November Term 2003, Rau, J. Page 55 Alan C. Ostrow, Philadelphia, for appellant. Gerald W. Spivack, Philadelphia, for appellees. BEFORE: COLINS, President […]

487 A.2d 1036 State Correctional Institution at Graterford, Bureau of Corrections, Petitioner v. Francis E. Goodridge, Respondent. Commonwealth Court of Pennsylvania.Argued October 15, 1984 February 13, 1985. Civil service — Removal for non-merit factor — Discrimination — Intent. 1. The removal of an employe may be the result of a discriminatory act although the employer […]

962 A.2d 684 PRIMEPAY, LLC, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 2124 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: September 10, 2008. Decided: November 25, 2008. Page 685 Maria J. Morinigo, Philadelphia, for petitioner. Randall S. Brandes, Asst. Counsel and Gerard M. Mackarevich, Deputy Chief Counsel, Harrisburg, for respondent. BEFORE: LEADBETTER, President […]

TOWNSHIP OF MIDDLETOWN v. ZONING HEARING BOARD OF MIDDLETOWN TOWNSHIP. No. 2531CD05.Commonwealth Court of Pennsylvania. September 21, 2006. Appeal from Bucks County 04-06652-16-5. Decision without published opinion. Affirmed.

439 A.2d 1342 Jeannine Dulgerian, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 20, 1981 February 1, 1982. Unemployment compensation — Wilful misconduct — Conflicting evidence — Tardiness — Warnings. 1. In an unemployment compensation case the resolution of conflicts in the evidence are for the factfinder, […]

844 A.2d 70 Warren County Human Services, Petitioner v. State Civil Service Commission (Roberts), Respondent. No. 376 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: June 27, 2003. Filed: March 8, 2004. Page 71 Mary C. Barkman, Pittsburgh, for petitioner. No appearance entered on behalf of respondent. BEFORE: PELLEGRINI, Judge; COHN, Judge; JIULIANTE, Senior Judge. OPINION BY JUDGE […]

489 A.2d 955 In the Matter of the Estate of Nellie E. Caldwell. Samuel H. Caldwell, Appellant. Commonwealth Court of Pennsylvania. March 19, 1985. Taxation — Joint bank accounts — Certificates of deposit — Parol evidence — Joint tenancy — Inheritance tax — Scope of appellate review. 1. The best evidence of the parties’ intent […]

733 A.2d 683 ROBERT PRESTA, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY), Respondent. Commonwealth Court of Pennsylvania.Argued: March 10, 1999. Filed: June 29, 1999. Appeal from No. 525 C.D. 1998. Gerald K. Schrom, for petitioner. Peter J. Weber, for respondent. BEFORE: HONORABLE JAMES GARDNER COLINS, President Judge, HONORABLE JOSEPH T. DOYLE, Judge, […]

305 A.2d 731 Commonwealth v. Daugherty. Commonwealth Court of Pennsylvania.Argued May 9, 1973 May 29, 1973. Motor vehicles — Suspension of certificate of appointment as official inspection station — Appeal — Appellate Court Jurisdiction Act, Act 1970, July 31, P. L. 673 — Jurisdiction of Commonwealth Court of Pennsylvania — Credible evidence — Abuse of […]

756 A.2d 135 ANTHONY BERRY, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 341 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: May 26, 2000. Filed: July 13, 2000. Kent D. Watkins, Saint Clair, for petitioner. Robert A. Greevy, Harrisburg, for respondent. Page 136 Before: Honorable Dan Pellegrini, Judge; Honorable Jim Flaherty, Judge; Honorable Joseph F. […]

829 A.2d 735 Ronald H. Zimmerman, Petitioner v. Unemployment Compensation Board of Review, Respondent. No. 2872 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: March 28, 2003. Filed: July 17, 2003. Page 736 Ronald H. Zimmerman, petitioner, pro se. James K. Bradley, Harrisburg, for respondent. BEFORE: COLINS, President Judge; FRIEDMAN, Judge; FLAHERTY, Senior Judge. OPINION BY Judge FRIEDMAN. […]

717 A.2d 581 FRIENDS OF THE ATGLEN-SUSQUEHANNA TRAIL, INC., Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued April 15, 1998. Decided August 18, 1998. Page 582 Appeal from the Commonwealth Court, No. 3003 C.D. 1997 Page 583 Joyce A. Nettke, Strasburg, for petitioner. Susan D. Colwell, Harrisburg, for respondent. David C. Eaton, […]

414 A.2d 1102 Board of Supervisors of Northampton Township, Appellant v. Herman L. Gentsch, Jr., Appellee. Commonwealth Court of Pennsylvania.Argued April 8, 1980 May 21, 1980. Zoning — Application for curative amendment — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P.L. 805 — Specificity of application — Exclusion of mid-rise apartments — Height restriction […]

833 A.2d 1205 Heritage Building Group, Inc., Appellant v. Plumstead Township Board of Supervisors. No. 3020 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: September 10, 2003. Filed: October 17, 2003. Page 1206 John A. Vanluvane, Doylestown, for Appellant. H. Peter Nelson, Perkasie, for Appellee. BEFORE: McGINLEY, Judge; SIMPSON, Judge; JIULIANTE, Senior Judge. OPINION BY Senior Judge JIULIANTE. […]

481 A.2d 382 Brian R. Riddle v. Curtis L. Anderson and Pennsylvania Department of Transportation. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Brian R. Riddle v. Curtis L. Anderson and Commonwealth of Pennsylvania, Department of Transportation, Appellees. Commonwealth Court of Pennsylvania.Argued April 30, 1984 September 21, 1984. New trial — Scope of appellate review — […]

554 A.2d 579 Raymond M. Hartman, Petitioner v. Commonwealth of Pennsylvania, State Board of Optometry, Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1988. February 15, 1989. Pennsylvania State Board of Optometry — Suspension of optometrist’s license — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — […]

650 A.2d 1127 Arthur DAVIS, Administrator of the Estate of Betty Jean Davis, Deceased and Arthur Davis, in his own right and Maurice Davis, Appellants, v. CITY OF PHILADELPHIA. Commonwealth Court of Pennsylvania.Argued October 3, 1994 Decided November 10, 1994. Appeal from thr Court of Common Pleas, Philadelphia County, No. 1505 June Term, 1988, Lord, […]

Upper Dublin Township Board of Commissioners v. F.W. Triangle, L.P. No. 210CD06.Commonwealth Court of Pennsylvania. December 18, 2006. Appeal from the Montgomery County 05-00672. Decisions Without Published Opinions Affirmed.

R.L. INSULATION CO., INC., Ronald L. Lundquist, and Robin K. Lundquist, Petitioners v. PREVAILING WAGE APPEALS BOARD, Respondent. No. 2018 C.D. 2006.Commonwealth Court of Pennsylvania.Argued April 9, 2007. Decided May 8, 2007. Page 551 Thomas R. Davies, Lancaster, for petitioners. Peter Von Getzie, Asst. Counsel, Harrisburg, for intervenor, Bureau of Labor Law Compliance. BEFORE: COLINS, […]

366 A.2d 969 Kepler Homes and Statesman Insurance Company v. Lois G. Hand and Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania. Kepler Homes, Appellant. Commonwealth Court of Pennsylvania.Argued September 13, 1976 December 2, 1976. Workmen’s compensation — Scope of appellate review — Findings of fact — Substantial evidence — Causation — Unequivocal medical […]

442 A.2d 858 Nick A. Cillo, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 17, 1981 March 26, 1982. Unemployment compensation — Scope of appellate review — Error of law — Capricious disregard of competent evidence — Voluntary termination — Attempt to preserve employment. 1. In an […]

363 A.2d 1335 In the Matter of the Suspension or Revocation of Real Estate Broker’s License #19697, Issued To: Gary D. Reihart, Gary D. Reihart, Appellant. Commonwealth Court of Pennsylvania.Argued September 10, 1976 September 30, 1976. State Real Estate Commission — Suspension of real estate broker’s license — Incompetency, bad faith or dishonesty — Real […]

872 A.2d 253 BRANDYWINE MAZDA SUZUKI AND INSERVCO, Petitioners, v. WORKERS’ COMPENSATION APPEAL BOARD (ASMAN), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs: January 21, 2005. Decided: April 13, 2005. Appeal from the Workers’ Compensation Appeal Board, No. A03-0304. Page 254 John J. Daly, Philadelphia, for petitioners. Jeffrey V. Matteo, Norristown, for respondent. BEFORE: COLINS, President […]

402 A.2d 315 Pasquale Grande, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Publicker Industries, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued April 2, 1979 June 8, 1979. Workmen’s compensation — Requiring physical examination — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Scope of appellate review — Abuse of […]

638 A.2d 499 Steven COLELLA, Appellant, v. PHILADELPHIA HOUSING AUTHORITY and Philadelphia Housing Development Corporation and Delaware Valley Wrecking Company. Commonwealth Court of Pennsylvania.Argued January 31, 1994. Decided March 7, 1994. Appeal from the Common Pleas Court, Philadelphia County, No. 2001 December Term, 1991, Herron, J. Page 362 Charles L. McNabb, for appellant. Jane G. […]

639 A.2d 911 Donald J. KRAUSS, Appellant, v. COUNTY OF DELAWARE and Delaware County Council. Commonwealth Court of Pennsylvania.Argued January 31, 1994. Decided March 14, 1994. Appeal from the Common Pleas Court, Delaware County, No. 87-03202, Sereni, J. Page 518 Leonard V. Tenaglia, for appellant. Page 519 Michael J. Ehling, Asst. County Sol., for appellee. […]

371 A.2d 542 John Stankowski, Petitioner v. Workmen’s Compensation Appeal Board and Fisher Body Division, GMC, Respondents. Commonwealth Court of Pennsylvania.Submitted on briefs, March 10, 1977. March 28, 1977. Workmen’s compensation — Occupational disease — Limitation of action — Timeliness of claim — The Pennsylvania Occupational Disease Act, Act 1939, June 21, P.L. 566 — […]

398 A.2d 1108 Concerned Citizens for the Improvement of Our Schools, by Daniel Fine and Andrew Tymoczko, Trustees ad Litem: Daniel Fine and Andrew Tymoczko, Plaintiffs v. Commonwealth of Pennsylvania, Department of Education and Honorable Caryl M. Kline, Secretary of Education, Defendants. Commonwealth Court of Pennsylvania.Argued February 6, 1979 March 15, 1979. Schools — Subsidy […]

432 A.2d 646 Ronald Roberts, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 6, 1981 July 23, 1981. Unemployment compensation — Voluntary termination of employment — Discharge — Willful misconduct — Remand. 1. In an unemployment compensation case, the issue of whether one has voluntarily left work […]

Jon E. YOUNT, Petitioner v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS and James L. Grace, Superintendent of SCI-Huntingdon, in his official capacity, Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs September 30, 2005. Decided November 17, 2005. Page 1164 Jon E. Yount, petitioner, pro se. Michael J. McGovern, Asst. Counsel, Camp Hill, respondent. BEFORE: FRIEDMAN, Judge, and LEADBETTER, […]

660 A.2d 155 Robert F. PUGLIESE v. The TOWNSHIP OF UPPER ST. CLAIR and Douglas A. Watkins, Township Manager, Appellants. Commonwealth Court of Pennsylvania.Argued March 11. 1995. Decided June 1, 1995. Appeal from the Court of Common Pleas, Allegheny County, No. S.A. 92-3924, James, J. Mark J. Christman, for appellants. Jeffrey S. Blum, for appellee. […]

315 A.2d 648 Commonwealth of Pennsylvania, Appellant, v. Wyeth Laboratories, Division of American Home Products Corporation, Appellee. Commonwealth Court of Pennsylvania.Argued October 1, 1973 February 27, 1974. Environmental law — Injunction — Scope of appellate review — Reasonable grounds — Error of law — Equity — Delay of final decree — Abatement of nuisance — […]

862 A.2d 170 City of Easton, Appellant v. Lawrence Marra, Sr. City of Easton, Appellant v. James Lawler, Trustee. Nos. 228 229 C.D. 2004, 230, 232 233 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted: September 7, 2004. Filed: November 24, 2004. Page 171 BEFORE: SMITH-RIBNER, Judge; JUBELIRER, Judge (P); LEAVITT, Judge. OPINION BY JUDGE SMITH-RIBNER The City […]

938 A.2d 1177 GREATER NANTICOKE AREA EDUCATION ASSOCIATION v. GREATER NANTICOKE AREA SCHOOL DISTRICT, Appellant Northwest Area Education Association Northwest Area School District, Appellant. No. 1250 C.D. 2007, 1251 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: October 30, 2007. Decided: December 18, 2007. Appeal from the Court of Common Pleas, Luzerne County, Nos. 7520-2007 and 7521-2007, Ciavarella, […]

611 A.2d 1332 JAMES T. O’HARA, INC., Appellant v. BOROUGH OF MOOSIC, Appellee. Commonwealth Court of Pennsylvania.Submitted April 9, 1992. Filed June 18, 1992. Appeal from the Court of Common Pleas, Lackawanna County, No. 91 EQ 60, James J. Walsh, President Judge. Page 536 Paul J. Walker, for appellant. John J. Brazil, Jr., for appellee. […]

548 A.2d 684 Thomas D. O’Leary, Petitioner v. Workmen’s Compensation Appeal Board (Bethlehem Mines Corp.), Respondents. Commonwealth Court of Pennsylvania. October 12, 1988. Workers’ compensation — Scope of appellate review — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Reinstatement of benefits — Burden of proof — Causal connection. 1. […]

613 A.2d 634 In re Petition of the TAX CLAIM BUREAU OF WESTMORELAND COUNTY, Pennsylvania, to Sell Free and Clear the Property of Alvin Painter Being Map No. 49-15-00-0-072. Appeal of MONEY STORE FINANCIAL CO., INC., Appellant. Commonwealth Court of Pennsylvania.Argued May 14, 1992. Decided August 4, 1992. Appeal from the Court of Common Pleas, […]

293 A.2d 644 Commonwealth v. Fisher. Commonwealth Court of Pennsylvania.Argued June 8, 1972 July 28, 1972. Motor vehicles — License suspension — Hearing de novo — Validity of suspension — Scope of appellate review — Abuse of discretion — Error of law — Statutory construction — The Vehicle Code, Act 1959, April 29, P. L. […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS DOCKET TRIAL COURT/ TITLE NUMBER DATE DOCKET NUMBER DISPOSITION PPI. Martins Creek, LLC v. Lower Mount Bethel Township Zoning Hearing Board 2204CD02 05/21/2003 Northampton County Vacated and 2263CD02 C0048CV2001002703 Remanded C0048CV20012703 Comm. of PA. Dept. of Trans., Bureau of Driver Lic. v. Sollitto………….. 2558CD02 05222003 Monroe County […]

618 A.2d 1215 Marvin E. SMITH v. Larry W. MOGNET, Jr., Penn Eastern Corporation, and Anthony I. Shugart, Nelson P. Shugart, Pennsylvania Department of Transportation and Pennsylvania Turnpike Commission, Appeal of PENNSYLVANIA TURNPIKE COMMISSION, Appellant. Commonwealth Court of Pennsylvania.Argued June 19, 1992. Decided December 22, 1992. Appeal from the Common Pleas Court, Cumberland County, No. […]

452 A.2d 306 Freeman Z. Krum and Christopher J. Krum, Appellants v. The Montour County Zoning Hearing Board, Appellee. Commonwealth Court of Pennsylvania. November 18, 1982. Zoning — Nonconforming use — Scope of appellate review — Error of law — Abuse of discretion — Findings of fact — Substantial evidence — Burden of proof — […]

579 A.2d 1030 PENNSYLVANIA POWER COMPANY, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted August 3, 1990. Decided September 13, 1990. Appeal from the Unemployment Compensation Board of Review, No. B-281185. Page 158 Harry A. Flannery, for petitioner. David J. Gromelski, Asst. Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, […]

339 A.2d 834 Francis J. Boyle, Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee. Commonwealth Court of Pennsylvania.Argued February 7, 1975 May 6, 1975. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P.L. 58 — Refusal of breath test — Burden […]

857 A.2d 222 Marjorie LAWSON, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (TEMPLE UNIVERSITY), Respondent. No. 2172 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: June 9, 2004. Decided: September 7, 2004. Appeal from the Workers’ Compensation Appeal Board, No. A02-3146. Page 223 Neil S. Kerzner, Philadelphia, for petitioner. Linda S. Lloyd, Harrisburg, for respondent. BEFORE: COLINS, President Judge, […]

458 A.2d 657 Lucille Lalmant Deigendesch and Jean Lalmant Leighton v. County of Bucks, Board of Assessment of the County of Bucks et al. Bucks County Board of Assessment Appeals, Appellant. In Re: Appeal of Feeneys Nursery, Inc. From the Order of Bucks County Board of Assessment Appeals etc. Bucks County Board of Assessment Appeals, […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Rechel. 2282CD05.Commonwealth Court of Pennsylvania. August 3, 2006. Appeal from the Allegheny County SA801 of 2004. Decisions Without Published Opinions Reversed.

Lori Newhart COSTELLO Joseph Costello (Dec’d), Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (KINSLEY CONSTRUCTION, INC.), Respondent. No. 831 C.D. 2006.Commonwealth Court of Pennsylvania.Argued November 15, 2006. Decided February 13, 2007. Appeal Board, No. A05-2788, that reversed the decision of a Workers’ Compensation Judge (WCJ). Matthew L. Wilson, Philadelphia, for petitioner. R. Burke McLemore, Jr., Harrisburg, […]

540 A.2d 982 Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Stephen G. Churma Duane Churma, Appellees. Commonwealth Court of Pennsylvania. April 28, 1988. Pennsylvania Liquor Control Board — Sales to minors — Scope of appellate review — Abuse of discretion — Error of law — Substantial evidence — Liquor Code, Act of April […]

445 A.2d 264 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Roger P. Dourte, Appellee. Commonwealth Court of Pennsylvania.Argued: March 4, 1982 May 17, 1982. Motor vehicles — Suspension of motor vehicle operator’s license — Vehicle Code, 75 Pa. C. S. § 1547 — Refusal of blood test — Statutory construction. […]

512 A.2d 1339 Williamsburg Community School District, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission and Sarah J. Bowmaster, Respondents. Commonwealth Court of Pennsylvania.Argued May 16, 1986 July 24, 1986. Sex discrimination — Scope of appellate review — Back pay — Unemployment compensation. 1. In a sex discrimination case, the scope of review of […]

2 A.3d 785 Joseph J. GAUGHAN, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (PENNSYLVANIA STATE POLICE), Respondent. No. 2472 C.D. 2009.Commonwealth Court of Pennsylvania.Submitted on Briefs June 21, 2010. Decided July 28, 2010. Ian J. Blynn, Harrisburg, for petitioner. Sheilah A. Tone, Scranton, for respondent. Page 786 BEFORE: LEADBETTER, President Judge, and LEAVITT, Judge, and KELLEY, […]