Category: Pennsylvania Commonwealth Court Opinions

280 A.2d 122 Commonwealth v. Kurtek. Commonwealth Court of Pennsylvania.Argued April 20, 1971 July 21, 1971. Appeals — Findings of fact — Commonwealth Court Rule 23 — The Vehicle Code, Act 1959, April 29, P. L. 58, as amended — Suspension of motor vehicle operator’s privilege — Age of suspended driver — Junior operator’s license. […]

467 A.2d 432 Robert J. Bruckner, Petitioner v. Lancaster County Area Vocational-Technical Joint School Operating Committee, Respondent. Area Vocational-Technical School Committee for Lancaster County, Petitioner v. Robert J. Bruckner, Respondent. Commonwealth Court of Pennsylvania. November 10, 1983. Schools — Dismissal of professional employe — Cause of dismissal — Public School Code of 1949, Act of […]

291 A.2d 336 Allentown Wholesale Grocery Company v. Commonwealth. Commonwealth Court of Pennsylvania.Argued March 8, 1972 May 25, 1972. Taxation — Corporate Net Income Tax Act, Act 1935, May 16, P. L. 208 — Capital Stock Tax Act, Act 1889, June 1, P. L. 420 — Fiscal year — Calendar year — Accounting methods — […]

825 A.2d 733 Safe Harbor Water Power Corp., Petitioner v. Larry P. Williams, Secretary of Revenue, Respondent. PPL Inc., f/k/a Pennsylvania Power and Light Company, Petitioner v. Larry P. Williams, Secretary of Revenue, Respondent. Interstate Energy Co., Petitioner v. Larry P. Williams, Secretary of Revenue, Respondent. PG Energy, Inc., f/k/a Pennsylvania Gas Water Company, Petitioner […]

574 A.2d 1168 In re Nominating Petition of Esther M. LEE for the Position of Representative in the General Assembly of District No. 135 — Democrat. Appeal of Daniel James ANDERS, Petitioner. Commonwealth Court of Pennsylvania.Heard March 20, 1990. Decided April 4, 1990. Page 2 Michele A. Varricchio, Rooney Varricchio, Allentown, for petitioner. Glennis L. […]

961 A.2d 275 VFW Post v. Comm. of PA. No. 2184CD07.Commonwealth Court of Pennsylvania. November 6, 2008. Appeal from the Allegheny County CL/SA 435 of 2006. Decisions Without Published Opinions Reversed.

274 A.2d 551 Robert Louis Corporation v. Board of Adjustment of Radnor Township. Commonwealth Court of Pennsylvania.Argued December 15, 1970 March 2, 1971. Zoning — Constitutional right of appeal — Zoning Ordinance — Presumption of validity and burden of proof — Neighborhood influence in procuring the passage of a zoning ordinance — Constitutional law — […]

933 A.2d 1067 Earl W. BEERS and Susan A. Beers by P/O/A Glenn BEERS v. ZONING HEARING BOARD OF TOWAMENSING TOWNSHIP and Board of Supervisors of Towamensing Township Appeal of: Board of Supervisors of Towamensing Township. No. 773 C.D. 2007.Commonwealth Court of Pennsylvania.Argued: September 4, 2007. Decided:: October 1, 2007. Appeal from the Court of […]

433 A.2d 594 Harold P. Watkins, Individually and as Representative Claimant in Mass. Appeal, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Harold P. Watkins, Individually and as Representative Claimant in Mass. Appeal, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 17, 1980 August […]

COMMUNITIES FIRST v. BOARD OF SUPERVISORS OF KILBUCK TOWNSHIP. No. 1615CD04.Commonwealth Court of Pennsylvania. July 1, 2005. Appeal from Allegheny County SA 02-000556. Decision without published opinion. Affirmed.

331 A.2d 588 Teamsters Local Union No. 77, Appellant, v. Pennsylvania Turnpike Commission, Appellee. Commonwealth Court of Pennsylvania.Argued December 2, 1974 February 5, 1975. Labor — Arbitration — Power of arbitrator — Scope of appellate review — Essence of award — Manifest disregard of agreement — Reinstatement — Denial of back pay — Defective notice. […]

415 A.2d 1284 Pamela Kirk, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued April 9, 1980 July 7, 1980. Unemployment compensation — Failure to accept suitable work — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Good cause for refusal — Inability to locate employer’s […]

Spinieo v. Montgomery Township Zoning Hearing Board. No. 1162CD08.Commonwealth Court of Pennsylvania. March 24, 2009. Appeal from the Montgomery County 06-11308. Decisions Without Published Opinions Affirmed.

729 A.2d 640 TOWNSHIP OF MIDDLETOWN, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. No. 2687 C.D. 1998.Commonwealth Court of Pennsylvania.Argued March 9, 1999. Filed April 5, 1999. Reargument Denied June 8, 1999. Appeal from a Public Utility Commission’s Order, I-00960045. Page 641 Susan E. Line Boswell, Media, for petitioner. Susan D. Colwell, Harrisburg, for respondent. […]

405 A.2d 1032 Frank J. Merlino, Appellant v. Plains Township, Appellee. Commonwealth Court of Pennsylvania.Argued April 6, 1979 September 7, 1979. Equity — Conflicting expert opinions — Sufficient evidence — Findings of fact — Alteration of contract — Laches — Prejudice. 1. In a case heard by a chancellor in equity, the resolution of conflicting […]

539 A.2d 906 Michael G. Bortulin and Clara Allison v. Harley-Davidson Motor Co., Inc. et al. Michael G. Bortulin, Appellant. Michael G. Bortulin and Clara Allison v. Harley-Davidson Motor Co., Inc. et al. Michael G. Bortulin, Appellant. Commonwealth Court of Pennsylvania.Argued December 18, 1987. March 30, 1988. Venue — Judicial Code, 42 Pa. C. S. […]

370 A.2d 772 Joseph A. Rugare, Jr. v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission. Joseph A. Rugare, Jr., Appellant. Erie-Western Pennsylvania Port Authority, Intervening Appellee. Commonwealth Court of Pennsylvania.Argued February 2, 1977 March 3, 1977. Authorities — Port facilities — Regulation of ferryboats — Third Class City Port Authority Act, Act 1972, December 6, […]

354 A.2d 582 John M. Hreha v. Harry Sugerman, Inc., Pennsylvania Manufacturers’ Association Insurance Co. and Workmen’s Compensation Appeal Board. Harry Sugerman, Inc. and Pennsylvania Manufacturers’ Association Insurance Company, Appellants. Commonwealth Court of Pennsylvania.Argued April 5, 1976 April 1, 1976. Workmen’s compensation — Premises — Public highway — To and from work — Furtherance of […]

442 A.2d 46 Gary M. Villante, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued November 19, 1981 March 11, 1982. Unemployment compensation — Students. 1. The determination of whether an applicant for unemployment compensation benefits is a student and therefore ineligible depends on the duration of the applicant’s […]

639 A.2d 1337 SHADYSIDE HOSPITAL/HERITAGE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (BERRY), Respondent. Kathleen BERRY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (SHADYSIDE HOSPITAL), Respondent. Commonwealth Court of Pennsylvania.Argued November 17, 1993. Decided April 4, 1994. Petition for Allowance of Appeal Denied August 16, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A92-1530. Page 153 […]

695 A.2d 448 IRWIN A. POPOWSKY, Consumer Advocate, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION Respondent. Commonwealth Court of Pennsylvania.Argued April 9, 1997. Decided: May 13, 1997. Appeal from the Public Utility Commission (PUC) order No. R-00943271. Page 449 Tanya J. McCloskey, Assistant Consumer Advocate, Harrisburg, for petitioner. Kevin J. Moody, Assistant Counsel, Harrisburg, for respondent. […]

315 A.2d 672 City of Pittsburgh Civil Service Commission, Appellant, v. William Beaver, Appellee. Commonwealth Court of Pennsylvania.Argued November 9, 1973 March 1, 1974. Civil service — Act of 1907, May 27, P. L. 206 — Dismissal of classified employe — Just cause — Unfitness — Burden of proof — Substantial evidence — Notice — […]

566 A.2d 643 Dushawn SMITH, Petitioner, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs September 22, 1989. Decided November 20, 1989. Appeal from the Commonwealth Court, No. 136 Misc. Docket 1989, Colins, J. Page 607 Dushawn Smith, Greensburg, pro se. Robert Greevy, Chief Counsel, Arthur R. […]

417 A.2d 1315 American Federation of State, County and Municipal Employees, AFL-CIO, by Its Trustee ad Litem, Gerald W. McEntee, Petitioner v. Commonwealth of Pennsylvania et al., Respondents. Joint Bargaining Committee of the Pennsylvania Employment Security Employees’ Association and the Pennsylvania Social Services Union, AFL-CIO, by Its Trustee ad Litem, Andrew Stern, Petitioner v. Commonwealth […]

698 A.2d 1365 NGK METALS CORPORATION and NATIONAL UNION FIRE INSURANCE COMPANY, Petitioners v. WORKMEN’S COMPENSATION APPEAL BOARD (BAILEY), Respondent. NGK METALS CORPORATION and NATIONAL UNION FIRE INSURANCE COMPANY, Petitioners v. WORKMEN’S COMPENSATION APPEAL BOARD (BARNETSKY), Respondent. NGK METALS CORPORATION and NATIONAL UNION FIRE INSURANCE COMPANY, Petitioners v. WORKMEN’S COMPENSATION APPEAL BOARD (BOWERS), Respondent. NGK […]

392 A.2d 352 Gilbert M. Freedman, Petitioner v. Commonwealth of Pennsylvania, Department of General Services, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1978 October 23, 1978. Civil service — Demotion — Discrimination — Civil Service Act, Act 1941, August 5, P.L. 752 — Hearing. 1. Under the Civil Service Act, Act 1941, August 5, P.L. […]

378 A.2d 1044 Wilbert E. Schafer, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1977 October 24, 1977. Unemployment compensation — Words and phrases — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Honesty — Conflicting testimony — Credibility. 1. […]

459 A.2d 68 In Re: New Look Lounge, Inc. etc. New Look Lounge, Inc., Appellant. Commonwealth Court of Pennsylvania. May 5, 1983. Liquor licensing — Liquor Code, Act of April 12, 1951, P.L. 90 — Agents. 1. A liquor licensee is responsible for the acts of its servants and agents who violate the Liquor Code, […]

725 A.2d 257 Steve GILLIS, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (WILLITS ROOFING, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 8, 1999. Decided March 4, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A97-2668. Page 258 Norman Weinstein, Philadelphia, for petitioner. Valerie H. Lieberman, Philadelphia, for respondent. Before DOYLE, J., PELLEGRINI, J., […]

416 A.2d 644 Donald Fernandes, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued June 6, 1980 July 16, 1980. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Burden of Proof — Unemployment Compensation Law, Act 1936, December 5, P.L.(1937) 2897 — Request […]

689 A.2d 362 UPPER ST. CLAIR POLICE OFFICERS ASSOCIATION, Petitioner, v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued December 9, 1996. Decided February 14, 1997. Appeal from the Pennsylvania Labor Relations Board (PLRB), No. PF-C-94-95-W. Page 363 Gary M. Lightman, Harrisburg, for petitioner. Peter Lassi, Harrisburg, for respondent. Mark J. Christman, Pittsburgh, for […]

409 A.2d 521 David P. Lechmanik, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 3, 1979 January 4, 1980. Unemployment compensation — Credibility — Weight of the evidence — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Wilful misconduct — Failure to perform assigned […]

634 A.2d 711 POTTSTOWN POLICE OFFICERS’ ASSOCIATION, Petitioner, v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued October 6, 1993. Decided November 22, 1993. Appeal from the Pennsylvania Labor Relations Board (PLRB), No. PF-C-92-78-E. Page 88 Anthony C. Busillo, II, for petitioner. James L. Crawford, for respondent. Before CRAIG, President Judge, and DOYLE, COLINS, […]

Upset Sale Tax Claim Bureau of Columbia County, In re; Keller, In re. No. 2476CD09.Commonwealth Court of Pennsylvania. July 8, 2010. Appeal from the Columbia County 18-MV-2009. Decisions Without Published Opinions. Affirmed.

587 A.2d 889 COUNTY OF DELAWARE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (LANG), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 7, 1990. Decided March 1, 1991. Appeal from Workmen’s Compensation Appeal Board, No. A89-1836. Page 277 Charles S. Katz, Jr., Swartz, Campbell Detweiler, Philadelphia, for petitioner. Leonard V. Tenaglia, Richard, DiSanti, Hamilton Gallagher, Media, […]

535 A.2d 243 Karl K. Lewin, M.D., Petitioner v. Commonwealth of Pennsylvania, State Board of Medicine, Respondent. Commonwealth Court of Pennsylvania.Argued October 7, 1987. December 21, 1987. Health care — Temporary suspension of medical license — Hearing — Medical Practice Act, Act of December 20, 1985, P.L. 457 — Due process — Jurisdiction of the […]

Schemm v. Bethel Park Zoning Hearing Board. No. 1204CD06.Commonwealth Court of Pennsylvania. March 20, 2007. Appeal from the Allegheny County SA 05-00619. Decisions Without Published Opinions Reversed.

592 A.2d 131 Constance B. FOSTER, Insurance Commissioner of the Commonwealth of Pennsylvania, as Rehabilitator of the Mutual Fire, Marine Inland Insurance Company, Plaintiff, v. PHILADELPHIA MANUFACTURERS, Defendant. Commonwealth Court of Pennsylvania.Argued December 6, 1990. Decided May 30, 1991. Reconsideration Denied June 28, 1991. Page 187 Joseph A. Eagan, Jr., Philadelphia, for plaintiff. Stephen P. […]

511 A.2d 936 Fairwood Manor Associates, a limited Partnership, owner or reputed owner, et al., Appellants v. Borough of Irwin, a Municipal Corporation, Appellee. (6 cases) Commonwealth Court of Pennsylvania.Argued October 10, 1985 July 2, 1986. Municipalities — Sewage charges — Scope of appellate review — Findings of fact — Substantial evidence — Error of […]

479 A.2d 661 Cherie T. Wommer, Petitioner v. Workmen’s Compensation Appeal Board (Lycoming County), Respondents. Commonwealth Court of Pennsylvania. July 31, 1984. Workmen’s compensation — Attorney fees — Basis for attorney fee calculation — Remand. 1. In appropriate circumstances it is proper to compute the attorney fee payable to the attorney for a successful workmen’s […]

655 A.2d 1072 Paul E. DEPPENBROOK, Petitioner, WORKMEN’S COMPENSATION APPEAL BOARD (REPUBLIC STEEL CORPORATION), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 27, 1995. Decided March 7, 1995. Appeal from No. A94-0216. Page 1073 Daniel K. Bricmont, for petitioner. Donna M. Lowman, for respondent. Before SMITH and KELLEY, JJ., and KELTON, Senior Judge. KELTON, Senior […]

342 A.2d 459 Gold Star Service, Inc. and Pennsylvania Manufacturers Association Insurance Company, Insurance Carrier, Appellants, v. Workmen’s Compensation Appeal Board and Albert Tullio, Appellees. Commonwealth Court of Pennsylvania.Argued June 3, 1975 August 5, 1975. Workmen’s compensation — Subrogation — Attorney fees — Recovery costs — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, […]

400 A.2d 251 Daniel R. Donahue, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 30, 1978 April 20, 1979. Unemployment compensation — Scope of appellate review — Error of law — Findings of fact — Sufficient evidence — Wilful misconduct — Unemployment Compensation Law, Act 1936, December […]

862 A.2d 182 CAMPANELLA v. LOWER MILFORD TOWNSHIP. No. 71CD04.Commonwealth Court of Pennsylvania. October 6, 2004. Appeal from the Lehigh County 2203-C-1741. Decision Without Published Opinion. Affirmed.

387 A.2d 669 George Hyduchak, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. David F. Karr, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Albert Visocky, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Ernest J. Stolten, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of […]

350 A.2d 903 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Margaret M. Reese, Appellant. Commonwealth Court of Pennsylvania.Argued January 8, 1976 January 27, 1976. Unemployment compensation — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Inadequate findings of fact — Remand. 1. An employe discharged […]

765 A.2d 1195 KRISTIN REAM v. CENTENNIAL SCHOOL DISTRICT, Appellant. No. 126 C.D. 2000.Commonwealth Court of Pennsylvania.Argued: October 5, 2000. Filed: January 22, 2001. Page 1196 Before: Honorable Joseph T. Doyle, President Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable William J. Lederer, Senior Judge. OPINION PRESIDENT JUDGE DOYLE Centennial School District (District) appeals from an […]

442 A.2d 369 The Quaker Oats Company, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Cereal Workers Local Union No. 221, AFL-CIO, Intervenor. Commonwealth Court of Pennsylvania.Argued February 1, 1982 March 1, 1982. Unemployment compensation — Work stoppage — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Inadequate […]

722 A.2d 789 FRANCIS J. PULEO and RICHARD J. PULEO, d/b/a SIGNATURE PROPERTIES, Appellants v. ZONING HEARING BOARD OF SCHUYLKILL TOWNSHIP. No. 159 C.D. 1998.Commonwealth Court of Pennsylvania.Argued: October 5, 1998. Filed January 7, 1999. Henry T. Crocker, for appellants. Robert J. Sugarman, for appellee. HONORABLE JOSEPH T. DOYLE, Judge HONORABLE JIM FLAHERTY, Judge HONORABLE […]

777 A.2d 1257 RAY RABENOLD; TAM REALTY, INC.; FRANK DePAULO and FRANK DePAULO, JR. v. ZONING HEARING BOARD OF THE BOROUGH OF PALMERTON and ARTHUR R. SCHISLER and FANNIE A. SCHISLER FRANK DePAULO and FRANK DePAULO, JR., Appellants ARTHUR SCHISLER v. ZONING HEARING BOARD OF THE BOROUGH OF PALMERTON and RAY RABENOLD; TAM REALTY, INC.; […]

383 A.2d 1002 In Re: Appeal of Alexander Konick from Suspension and Removal as Enforcement Officer IV of the Pennsylvania Liquor Control Board. Alexander Konick, Appellant. Commonwealth Court of Pennsylvania.Argued October 31, 1977 April 3, 1978. Civil service — Scope of appellate review — Error of law — Violation of constitutional rights — Findings of […]

408 A.2d 1178 Louise V. Heller et al., Appellants v. Borough of South Williamsport, Appellee. Commonwealth Court of Pennsylvania.Argued November 15, 1979 December 13, 1979. Equity — Streets — Servitudes — Eminent domain. 1. The purpose of legislation providing that streets which have been laid out but not opened to or used by the public […]

644 A.2d 271 DUQUESNE TRUCK SERVICE and Nationwide Insurance Company, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (McKEESPORT TRUCK SERVICE and Audrey Jordan, wife of George A. Jordan, Dec’d.), Respondents. Commonwealth Court of Pennsylvania.Submitted February 25, 1994. Decided June 17, 1994. Appeal from the Workmen’s Compensation Appeal Board, No. A91-589. Page 146 [EDITORS’ NOTE: THIS PAGE […]

420 A.2d 778 Antonio Conti, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Harmony Clothes, Respondents. Commonwealth Court of Pennsylvania.Argued September 12, 1980 October 7, 1980. Unemployment compensation — Temporary work — Good cause for refusal to accept employment. 1. In an unemployment compensation case, the fact that an offer of work […]

440 A.2d 705 Carol L. Esper, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 9, 1981 February 11, 1982. Unemployment compensation — Burden of proof — Scope of appellate review — Unemployed — CETA program — Remuneration — Unemployment Compensation Law, Act of December 5, 1936, P.L. […]

480 A.2d 1253 Borough of Ridgway, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued February 2, 1984 June 26, 1984. Utilities — Certificate of public convenience — Scope of appellate review — Municipal corporations — Jurisdiction — Extraterritorial service — Public Utility Code, 66 Pa. C. S. §§ 1501, 332(h) and 1102(a)(5) […]

423 A.2d 11 Sheetz Kwik Shoppers, Inc. et al. v. Zoning Hearing Board of Huntingdon Borough. Sheetz Kwik Shoppers, Inc., Appellant. Commonwealth Court of Pennsylvania.Argued September 11, 1980 November 19, 1980. Zoning — Constitutional challenge — Burden of proof — Hours of business operation — Public interest. 1. A party challenging the constitutional validity of […]

364 A.2d 961 Herman Quartz, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued September 10, 1976 October 20, 1976. Unemployment compensation — Voluntary termination — Burden of proof — Cause of necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1987) 2897 […]

572 A.2d 246 In the Matter of Taking by the Township of Indiana of Certain Property Located in Indiana Township, Allegheny County, Pennsylvania Being Property now Owned by James F. GAUS and Joanne C. Gaus, and Kenneth H. Bushman and Catherine V. Bushman. Appeal of David H. PATTERSON, Mary M. Patterson, Robert L. Marsh, Sr., […]

611 A.2d 360 UNION PAVING COMPANY, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued April 7, 1992. Decided June 4, 1992. Appeal from the Board of Finance and Revenue, No. RST-9296 501120 SUT. Page 359 Richard D. Birns, for petitioner. Bart J. DeLuca, Jr., Sr. Deputy Atty. Gen., for respondent. Before COLINS and […]

330 A.2d 275 Gladys C. Hosler, Appellant, v. Bellefonte Area School District and K. Frederick Mauger, Superintendent, Appellees. Commonwealth Court of Pennsylvania.Argued January 11, 1974 January 2, 1975. Schools — Equity — Scope of appellate review — Findings of fact — Sufficient evidence — Unsatisfactory rating of teacher — False and misleading statement — Conscious […]

430 A.2d 717 Wightman Health Center, Appellant v. Office of the Treasurer, City of Pittsburgh, Appellee. Commonwealth Court of Pennsylvania.Argued May 6, 1981 June 10, 1981. Taxation — Business privilege tax — License fee — Double taxation — The Local Tax Enabling Act, Act of December 31, 1965, P.L. 1257 — Gross receipts — Medicare […]

625 A.2d 1305 WALLINGFORD SWARTHMORE SCHOOL DISTRICT v. Sarkis KUYUMJIAN, Jr., Appellant. Commonwealth Court of Pennsylvania.Argued February 5, 1993. Decided May 21, 1993. Appeal from the Common Pleas Court of Delaware County, No. 90-18949, Semeraro J. Richard H. Anderson, for appellant. Thomas H. Broadt, for appellee. Before CRAIG, President Judge, DOYLE (P.) and COLINS, JJ. […]

537 A.2d 58 Hunlock Sand Gravel Co., Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania. February 1, 1988. Taxation — Assessment in dollars — Act of March 12, 1842, P.L. 68. 1. Although the Act of March 12, 1842, P.L. 68, provides that tax revenues be received in gold, silver or notes of […]

771 A.2d 879 HUGH J. BREEN, JR., Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. No. 1360 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: December 1, 2000. Filed: April 12, 2001. Before: Honorable Doris A. Smith, Judge; Honorable James R. Kelley, Judge; Honorable Samuel L. Rodgers, Senior Judge. OPINION SENIOR JUDGE RODGERS Hugh […]

638 A.2d 377 COMMONWEALTH of Pennsylvania, v. Willis J. WENDLER, Appellant. Commonwealth Court of Pennsylvania.Submitted September 24, 1993. Decided February 11, 1994. Appeal from the Common Pleas Court, Allegheny County, No. SA 3652 of 1992, Doyle, J. Page 105 Raymond N. Sanchas, for appellant. Kerry A. Ebersole, Legal Intern, and Timothy P. Wile, Assistant Counsel […]

502 A.2d 325 Kelly Run Sanitation, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued November 13, 1985 December 24, 1985. Argued November 13, 1985, before President Judge CRUMLISH, JR. and Judges ROGERS, CRAIG, MacPHAIL, BARRY, COLINS and PALLADINO. Appeal, No. 1254 C.D. 1982, from the Order of the Board of Finance and […]

497 A.2d 284 In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Environmental Resources of 17.9 Acres of Land Situate in the Borough of Canonsburg, Washington, County, Pennsylvania. Canon Development Company, Inc. et al., Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant. Commonwealth Court of Pennsylvania.Argued March 13, 1985 August 27, 1985. Eminent domain […]

492 A.2d 793 Joan E. Croasdale, Appellant v. Dauphin County Board of Assessment Appeals, Appellee. Commonwealth Court of Pennsylvania.Argued October 16, 1984 May 22, 1985. Taxation — Reassessment — Third class counties — General County Assessment Law, Act of May 22, 1933, P.L. 853. 1. When a third class county undertakes a de facto reassessment […]

378 A.2d 495 Curtis Kells, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1977 October 11, 1977. Unemployment compensation — Scope of appellate review — Findings of fact — Substantial evidence — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Wilful misconduct — […]

James CUNNINGHAM, Appellant v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Gretchen E. Frederick, Luther S. Diggs, Jacob T. Aufschauer, Kay B. Hooven, Michael J. O’Donoghue, Kurt Weidenhammer and Eileen Katz, Esq. No. 885 C.D. 2006.Commonwealth Court of Pennsylvania.Submitted on Briefs November 14, 2006. Decided January 10, 2007. The Common Pleas Court, Philadelphia County, No. 0324 March Term, […]

410 A.2d 982 Albert Lansing and Catherine Lansing, his wife, Appellants v. Commonwealth of Pennsylvania, Department of Public Welfare, Appellee. Commonwealth Court of Pennsylvania.Argued December 6, 1979 February 11, 1980. Public assistance — Maintenance costs — Mental Health and Mental Retardation Act of 1966, Act 1966, October 20, P.L. 96 — Act of 1915, June […]

435 A.2d 684 Edward J. Gossman and Susan J. Gossman, Appellants v. Lower Chanceford Township Board of Supervisors and Edgar DeLaski, Appellees. Commonwealth Court of Pennsylvania.Argued June 5, 1981 October 16, 1981. Zoning — Power — Subdivision — Restrictive covenants — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805. 1. A court […]

600 A.2d 646 Mary K. CASHDOLLAR, Lynn Witthoeft, Cynthia Richards and Leslie M. Diehl, Petitioners, v. COMMONWEALTH of Pennsylvania, STATE HORSE RACING COMMISSION and Mountainview Thoroughbred Racing Association, Inc., Respondents. Commonwealth Court of Pennsylvania.Argued September 13, 1991. Decided December 2, 1991. Appeal from the Commonwealth Court, Docket Nos. 19 M.D. 1991 and 567 C.D. 1991, […]

CENTRAL DAUPHIN SCHOOL DISTRICT, Appellant v. CENTRAL DAUPHIN BUS DRIVERS’ ASSOCIATION. No. 2302 C.D. 2009.Commonwealth Court of Pennsylvania.Argued March 15, 2010. Decided May 19, 2010. Appeal from the Court of Common Pleas, Dauphin County, No. 2009 CV 12786 CV, Lewis, President Judge. Page 48 Dean F. Piermattei and Stephen Moniak, Harrisburg, for appellant. Jason M. […]

563 A.2d 988 Thomas W. HITCHINGS, Petitioner v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA STATE ETHICS COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued May 3, 1989. Decided: September 8, 1989. Appeal from the State Ethics Commission. Page 470 Regis J. McNally, Pittsburgh, for petitioner. Jerome T. Foerster, Deputy Atty. Gen., with him, John G. Knorr, III, Chief Deputy […]

635 A.2d 239 Paul Dodds JOHNSON, Jr., Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Commonwealth Court of Pennsylvania.Submitted October 22, 1993. Decided December 8, 1993. Appeal from the Common Pleas Court, Beaver County, No. 2355 of 1992 M.D., Mannix, J. Page 453 Larry J. Puntureri, for appellant. William A. Kuhar, […]

457 A.2d 200 Bruce Person, Petitioner v. Commonwealth of Pennsylvania, Unemloyment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 17, 1983. Unemployment compensation — Right to fair hearing — Notice — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897. 1. A claimant cannot successfully maintain that he was denied the […]

422 A.2d 217 Anthony Bruno, Sr., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth Court of Pennsylvania. October 24, 1980. Motor vehicles — Suspension of motor vehicle operator’s license — Vehicle Code, 75 Pa. C. S. § 1547 — Refusal of breath test — Burden of proof — Absence of odor of alcohol […]

546 A.2d 723 Bernard Gelman and Holt Cargo Systems, Inc., Petitioners v. Philadelphia Port Corporation and City of Philadelphia, Respondents. Commonwealth Court of Pennsylvania.Argued April 20, 1988. August 19, 1988. Jurisdiction — Judicial Code, 42 Pa. C. S. §§ 102 and 761(a) — Philadelphia Port Corporation — Commonwealth agency. 1. The interest of the Commonwealth […]

595 A.2d 206 CITY OF PHILADELPHIA, Appellant, v. Nanci DUDA, A Minor, By Her Parents and Natural Guardians, Walter DUDA and Lillian Duda and Walter Duda and Lillian Duda, in their own right, Appellees. Commonwealth Court of Pennsylvania.Argued December 6, 1990. Decided July 8, 1991. Appeal from the Common Pleas Court, Philadelphia County, No. 449 […]

542 A.2d 613 The Township of Ross, Petitioner v. Commonwealth of Pennsylvania, Department of General Services, Respondent. Commonwealth Court of Pennsylvania.Argued March 22, 1988. June 3, 1988. Police officers and firefighters — Heart attack — Causation — Act of June 26, 1976, P.L. 424 — Conflicting evidence — Decision of workers’ compensation authorities. 1. The […]

717 A.2d 34 CAROL McGINTY, JERRY OLSAVSKY, JAMES OROS, BEN and BARBARA WALLANDER, SE’AMUS GALLIGAN, ELAINE PIERANTOZZI, JOSEPH CUTICCHIA, TINA WILLIAMS and CHRIS WARD, Appellants v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF PITTSBURGH v. THOMAS KAPLAN, RICHARD KASDAN, DR. PETER TANZER, and ZAMBRANO CORPORATION, OWNERS and PITTSBURGH DELI COMPANY, INC., LESSEE Commonwealth Court […]

513 A.2d 504 Bettye Merritt and Hampton Merritt, Parents and Guardians of Bernita Merritt, a minor and Bettye Merritt and Hampton Merritt in their own right, Appellants v. Board of Education of the School District of Philadelphia and Walter Scott, Appellees. Commonwealth Court of Pennsylvania.Argued December 10, 1985 July 24, 1986. Governmental immunity — Judgment […]

394 A.2d 665 In Re: Appeal of the Holland Universal Life Church of Love and Rev. Robert B. Graham, Sr., Pastor and Associate Pastor Daniel J. Callahan From the Bucks County Board of Assessment Appeals. County Tax Parcel No. 31-43-56. Holland Universal Life Church of Love, Rev. Robert B. Graham, Sr., Pastor and Associate Pastor […]

462 A.2d 909 William Glinka, Petitioner v. Workmen’s Compensation Appeal Board (Sears, Roebuck and Company), Respondents. Sears, Roebuck and Company, Petitioner v. Workmen’s Compensation Appeal Board (William Glinka), Respondents. Commonwealth Court of Pennsylvania.Argued June 7, 1982 July 18, 1983. Workmen’s compensation — Average weekly wage — Fringe benefits — The Pennsylvania Workmen’s Compensation Act, Act […]

417 A.2d 283 Piper Aircraft Corporation, Plaintiff v. Insurance Company of North America and Commonwealth of Pennsylvania, Department of Transportation, Defendants. Commonwealth Court of Pennsylvania.Argued March 10, 1980 July 24, 1980. Original jurisdiction — Indispensable party — Declaratory judgment — Insurance — Board of Claims — Convenience. 1. For the Commonwealth Court of Pennsylvania to […]

700 A.2d 553 SAMUEL V. COOPER, ARNETTA E. COOPER and CHERYL-McELHANY-MATTHEWS, Petitioners v. COMMONWEALTH OF PENNSYLVANIA, Respondent. Commonwealth Court of Pennsylvania.Argued June 2, 1997. Decided July 24, 1997. Publication Ordered September 5, 1997. Before: DOYLE, and LEADBETTER, JJ., and JIULIANTE, Senior Judge. LEADBETTER, Judge This is a petition for review of an order of the […]

641 A.2d 15 Keith D. HORN, Jr. and Carla Brown Horn, Appellants, v. BOARD OF PROPERTY ASSESSMENT. Commonwealth Court of Pennsylvania.Argued March 3, 1994. Decided April 7, 1994. Appeal from the Common Pleas Court, Allegheny County, No. GD.93-6991, Musmanno, J. Robert X. Medonis, for appellants. John M. Silvestri, Asst. Legal Counsel, for appellee. Page 263 […]

365 A.2d 905 Penzoil United, Inc. and Aetna Casualty Surety Company, Appellants v. Fred J. Mitchell and Workmen’s Compensation Appeal Board, Appellees. Commonwealth Court of Pennsylvania.Argued September 13, 1976 November 16, 1976. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence […]

677 A.2d 876 Theresa L. WILKINSON and Randy Wilkinson, w/h, Appellants v. CONOY TOWNSHIP. Commonwealth Court of Pennsylvania.Argued April 19, 1996. Decided June 6, 1996. Appeal from the Court of Common Pleas, Lancaster, County, No. 5372 of 1993, Allison, J. Thomas P. Lang, for Appellants. Audrey J. Copeland, for Appellee. Before SMITH and FRIEDMAN, JJ., […]

353 A.2d 88 Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Theodore P. Dravage, Appellant. Commonwealth Court of Pennsylvania.Argued January 9, 1976 March 10, 1976. Unemployment compensation — Wilful misconduct — Burden of proof — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Scope of appellate review — Error […]

869 A.2d 39 Kim Heath, Petitioner v. Pennsylvania Board of Probation and Parole, Respondent. No. 2170 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: April 8, 2004. Filed: February 24, 2005. Page 40 BEFORE: PELLEGRINI, Judge; JUBELIRER, Judge; FLAHERTY, Senior Judge. OPINION BY SENIOR JUDGE FLAHERTY. Kim Heath (Claimant) petitions for review of a decision of the Pennsylvania […]

407 A.2d 942 Linda I. Fera, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1979 November 14, 1979. Unemployment compensation — Wilful misconduct — Best evidence — Violation of company rule — Failure to object — Leaving the job site — Notice to employer — Reasonable […]

450 A.2d 273 Moyer’s Landfill, Inc., Appellant v. Zoning Hearing Board of Lower Providence Township, Appellee. Commonwealth Court of Pennsylvania.Argued June 8, 1982 September 14, 1982. Zoning — Solicitor’s fee — Engineer’s services — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Sanitary landfills — Burden of proof — Definitive relief […]

288 A.2d 844 Pittsburgh v. The Ellis School, et al. Commonwealth Court of Pennsylvania.Argued February 24, 1972 March 28, 1972. Zoning — Alteration of site plan — Procedural requirements — Conditional use — Purpose of zoning ordinances. 1. Where a zoning ordinance requires a property owner to secure approval from a zoning administrator for alterations […]

969 A.2d 24 TOWNSHIP OF NORTHAMPTON, Appellant v. The ZONING HEARING BOARD OF NORTHAMPTON TOWNSHIP. No. 1416 C.D. 2008.Commonwealth Court of Pennsylvania.Argued: February 23, 2009. Decided:: March 26, 2009. Appeal from the Court of Common Pleas, Bucks County, No. 07-2405-29-5, Fritsch, Jr., J. Page 25 Heather Durrant, Trevose, for appellant. Jennifer L. McGrath, Langhorne, for […]