Category: Pennsylvania Commonwealth Court Opinions

561 A.2d 1317 TWELVE VEIN COAL COMPANY, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued November 2, 1988. Decided July 21, 1989. Appeal from the Environmental Hearing Board. Page 431 Eugene E. Dice, Harrisburg, for petitioner. Mary Martha Truschel, Asst. Counsel, Harrisburg, for respondent. Before CRUMLISH, Jr., President Judge, […]

354 A.2d 56 The General State Authority of the Commonwealth of Pennsylvania, Plaintiff v. Pacific Indemnity Company, Defendant, and Koppers Company, Inc., Flintkote Roofing Materials, Gypsum Roof Decks, Inc., Roofings, Inc. and Michael R. Cozza Associates, Additional Defendants. Commonwealth Court of Pennsylvania.Argued December 1, 1975 March 17, 1976. Jurisdiction of the Commonwealth Court of Pennsylvania […]

M D PROPERTIES, INC., a Corporation, Appellant v. The BOROUGH OF PORT VUE, a municipal corporation. Commonwealth Court of Pennsylvania.Argued January 31, 2006. Decided February 28, 2006. Appeal from the Court of Common Pleas, Allegheny County, No. GD-93-2802, Baldwin, J. Page 859 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

964 A.2d 506 Lagana Enterprises, Inc. v. Municipal Authority of Hazle Township. No. 211CD08.Commonwealth Court of Pennsylvania. January 2, 2009. Luzerne County 11783 of 2005. Decisions Without Published Opinions Reversed.

John MINICH, Stanley L. Switzer, and Randy Kiehl v. The COUNTY OF JEFFERSON; The Honorable Ira W. Sunderland, David Black and Donna Hoffman, Commissioners of Jefferson County; and Thomas A. Demko, Sheriff of Jefferson County Appeal of: Thomas A. Demko, Sheriff of Jefferson County. No. 1750 C.D. 2006.Commonwealth Court of Pennsylvania.Argued February 7, 2007. Decided […]

547 A.2d 470 Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Graterford, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 7, 1988. Unemployment compensation — Unemployment — Rendering service — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Voluntary termination — […]

384 A.2d 1042 Philip L. Marshall, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued March 2, 1978 April 20, 1978. Unemployment compensation — Words and phrases — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Unauthorized purchases — Tardiness — Drinking. 1. […]

Fry v. Hemlock Farms Community Association. No. 559CD06.Commonwealth Court of Pennsylvania. December 7, 2006. Appeal from the Pike County 97-1148. Decisions Without Published Opinions Affirmed.

586 A.2d 988 Willard HOLLAND, Deceased, Lori Holland, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (PEP BOYS), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 22, 1990. Decided August 2, 1990. Designated as Opinion to be Reported January 31, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-96108. Lawrence Solomon, Philadelphia, for petitioner. Page 23 […]

377 A.2d 1279 Andrew Beers, Appellant v. Mount Pleasant Township, Appellee. Commonwealth Court of Pennsylvania.Argued September 14, 1977 October 3, 1977. Ordinances — Junkyard regulation — The Second Class Township Code, Act 1933, May 1, P.L. 103 — License fee — Cost of regulating junkyards. 1. A municipal ordinance requiring persons to apply for and […]

593 A.2d 932 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Joseph H. KILRAIN, Appellee. Commonwealth Court of Pennsylvania.Argued March 6, 1991. Decided June 18, 1991. Petition for Allowance of Appeal Denied November 8, 1991. Appeal from the Common Pleas Court, Delaware County, No. 89-08090, February 14, 1990, Harry J. Bradley, […]

874 A.2d 177 SCHULTE v. THE HEMPFIELD TOWNSHIP ZONING HEARING BOARD.[3] No. 966CD04.Commonwealth Court of Pennsylvania. April 14, 2005. [3] Reargument Denied: June 10, 2005. Appeal from the Westmoreland County 3851 of 2003. Decision without published opinion. Reversed and Affirmed.

397 A.2d 880 Robert Brioli, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued October 30, 1978 February 22, 1979. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Retirement date — Sufficient […]

Iffrig v. The Zoning Hearing Board of Bedminster Township. No. 1926CD06.Commonwealth Court of Pennsylvania. July 26, 2007. Appeal from the Bucks County 05-04558-26-5. Decisions without Published Opinions Reversed.

676 A.2d 736 CITY OF HARRISBURG, Appellant, v. DAUPHIN COUNTY BOARD OF ASSESSMENT APPEALS and Thornwood Holding Corporation. Commonwealth Court of Pennsylvania.Argued April 15, 1996. Decided May 17, 1996. Appeal from the Common Pleas Court, Dauphin County, No. 38-s-1995. Page 737 Judith B. Schimmel, City Solicitor, for Appellant. Anthony R. Thompson, for Appellee, Thornwood Holding […]

Comm. of PA, Dept. of Trans., Bureau of Motor Vehicles v. Chou. No. 1402CD08.Commonwealth Court of Pennsylvania. April 8, 2009. Allegheny County SA 1432 of 2007. Commonwealth Court of Pennsylvania Decisions Without Published Opinions Reversed.

573 A.2d 255 RANDOLPH VINE ASSOCIATES v. ZONING BOARD OF ADJUSTMENT OF PHILADELPHIA Appeal of CITY OF PHILADELPHIA. Commonwealth Court of Pennsylvania.Argued December 15, 1989. Decided April 12, 1990. Appeal from the Common Pleas Court, Philadelphia County, Samuel M. Lehrer, J., No. 4140 August Term, 1987. Page 453 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

786 A.2d 1026 Janice Jones, Petitioner v. Workers’ Compensation Appeal Board (Northern Tioga School District), Respondent. No. 1349 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: September 21, 2001. Filed: November 8, 2001. Before: Honorable Doris A. Smith, Judge; Honorable James R. Kelley, Judge; Honorable Jess S. Jiuliante, Page 1027 Senior Judge. OPINION SENIOR JUDGE JIULIANTE Janice Jones […]

510 A.2d 1273 Dr. Alan Kushner, Appellant v. Zoning Hearing Board of Lower Merion Township and Township of Lower Merion and C. George Milner, et al., Appellees. Commonwealth Court of Pennsylvania.Argued April 11, 1986 June 16, 1986. Argued April 11, 1986, before Judges BARRY and COLINS, and Senior Judge BLATT, sitting as a panel of […]

871 A.2d 884 Norbert WIECZORKOWSKI, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (LTV STEEL), Respondent. Commonwealth Court of Pennsylvania.Argued: February 2, 2005. Decided: April 7, 2005. Page 885 Diana Jacobs, Pittsburgh, for petitioner. Dale A. Cable, Pittsburgh, for respondent. BEFORE: COLINS, President Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, LEAVITT, Judge. OPINION BY Judge LEADBETTER. Claimant […]

571 A.2d 1108 Gerleana CALLAHAN, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (BETHLEHEM STEEL CORP.), Respondent. Commonwealth Court of Pennsylvania.Submitted February 2, 1990. Decided March 15, 1990. Appeal from the Workmen’s Compensation Appeal Board, No. A-94175. Page 48 James L. Goldsmith, Caldwell Kearns, Harrisburg, for petitioner. Paul J. Dellasega, with him, Joseph P. Hafer, Thomas Thomas, […]

816 A.2d 1271 DECISIONS WITHOUT PUBLISHED OPINIONS Commonwealth Court of Pennsylvania. January 2003. DOCKET TRIAL COURTCAPTION NUMBER DATE DOCKET NUMBER DISPOSITION__________________ ________ _________ _____________ ____________ Fairmount Properties, Inc. v. Zoning Board of Adjustment of City of Philadelphia 1688CD02 01/16/2003 Philadelphia Affirmed County 623 Dec. Term 2001 235 So. 15th Street Partners v. Board of Safety […]

582 A.2d 734 COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, for the Use of Casey MOLEK v. Virginia HICKEY and Erie Insurance Company. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Appellant. Commonwealth Court of Pennsylvania.Argued June 12, 1990. Decided November 19, 1990. Appeal from the Common Pleas Court, Allegheny County, No. GD 89-10804, […]

SYLVAN HEIGHTS REALTY PARTNERS, L.L.C. and Americare Management Services, Inc. v. Frank LaGROTTA, Appellant. No. 408 C.D. 2007.Commonwealth Court of Pennsylvania.Argued October 10, 2007. Decided January 2, 2008. Appeal from the Court of Common Pleas, Lawrence County, No. 10844-05, Wherry, J. Page 586 Jonathan F. Bloom and Thomas W. Dymek, Philadelphia, for appellant. Jeffrey T. […]

434 A.2d 904 Ronald R. Sell, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and R. L. Keirn Electric Construction, Respondents. Commonwealth Court of Pennsylvania.Argued June 5, 1981 September 22, 1981. Workmen’s compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Substantial evidence — Findings of fact […]

Marie INGRAM, deceased employee, and Marc A. Hicks, Sr., parent and natural guardian of minor dependent, claimant, Marc A. Hicks, Jr., Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (FORD ELECTRONICS REFRIGERATION CORPORATION, and Ford Electronics/Self-Insured), Respondents. Nos. 491 C.D. 2007, 492 C.D. 2007, 493 C.D. 2007.Commonwealth Court of Pennsylvania.Argued October 30, 2007. Decided December 12, 2007. […]

544 A.2d 82 Borough of South Greensburg, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued May 26, 1988. June 28, 1988. Pennsylvania Public Utility Commission — Railroad/highway crossing costs — Scope of appellate review — Violation of constitutional rights — Error of law — Substantial evidence — Public Utility Code, 66 Pa. […]

466 A.2d 791 Commonwealth of Pennsylvania, Department of Education, Millersville State College, Petitioners v. Gail L. Miller, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1983 October 21, 1983. Contract — Mistake — Scope of appellate review — Collective bargaining agreement. 1. If a mistake in a contract is not mutual, but unilateral, and is not […]

342 A.2d 155 Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board and Commonwealth of Pennsylvania, Intervening Appellee, v. American Federation of State, County and Municipal Employes, AFL-CIO, Appellants. Commonwealth Court of Pennsylvania.Argued June 4, 1975 July 31, 1975. Labor — Classification of employes — Public Employe Relations Act, Act 1970, July 23, P.L. 563 — Collective […]

503 A.2d 499 In Re: Peter’s Pub, Inc. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Commonwealth Court of Pennsylvania. January 22, 1986. Liquor licensing — Scope of appellate review — Liquor Code, Act of April 12, 1951, P.L. 90. 1. In a liquor licensing appeal from the imposition of a fine on a licensee, […]

520 A.2d 917 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. William Doyle, Appellee. Commonwealth Court of Pennsylvania. February 4, 1987. Motor vehicles — Licensing — Suspension — Probable cause — Breathalyzer — Driving under the influence of alcohol. 1. In a motor vehicle license suspension proceeding, a police officer need […]

Degelman v. Housing Authority of the City of Pittsburgh. No. 2801CD10.Commonwealth Court of Pennsylvania. June 30, 2011. Appeal from the Allegheny County SA 10-495. Commonwealth Court of Pennsylvania Decision Without Published Opinion Vacated and Remanded.

442 A.2d 862 John C. Hadvance, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1981 March 26, 1982. Unemployment compensation — Wilful misconduct — Burden of proof — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Credibility — […]

616 A.2d 728 W.W. FRIEDLINE TRUCKING and Rockwood Insurance Company, Insurance Carrier, Petitioners, v. WORKMEN’S COMPENSATION APPEAL BOARD (REYNOLDS), Respondent. Commonwealth Court of Pennsylvania.Argued May 12, 1992. Decided August 18, 1992. Publication Ordered October 21, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A90-1252. Page 39 Thomas P. Finn, for petitioners. Daniel W. Rullo, […]

Firetree, Ltd. v. Dauphin County Board of Assessment Appeals.[1a] No. 1388CD06.Commonwealth Court of Pennsylvania. June 8, 2007. [1a] Reargument En Banc Denied August 1, 2007. Appeal from the Dauphin County 2005-CV-2803-TX. Decisions Without Published Opinions Affirmed.

468 A.2d 1195 Ollie Owens, Appellant v. Zoning Hearing Board of the Borough of Norristown, Appellee. Commonwealth Court of Pennsylvania.Argued April 6, 1983 December 28, 1983. Zoning — Burden of proof — Boarding house — Family. 1. Before a zoning ordinance is declared unconstitutional, it must at least be shown by the one challenging the […]

426 A.2d 1299 Wallace E. Daley, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 6, 1981 March 18, 1981. Unemployment compensation — Failure to pursue employment referral — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Good cause — Transportation inconvenience. 1. Unless […]

422 A.2d 905 Southeastern Pennsylvania Transportation Authority, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Doris L. Brown, Respondents. Commonwealth Court of Pennsylvania.Argued October 9, 1980 November 24, 1980. Unemployment compensation — Burden of proof — Willful misconduct — Scope of appellate review. 1. In an unemployment compensation case, the burden of […]

470 A.2d 206 John Toth, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. January 20, 1984. Parole — Jurisdiction — County prison — Hearing — Waiver. 1. A parolee confined in a county prison who has not waived his right to a hearing before the full Pennsylvania […]

In re Collegium Charter School. No. 2354CD10.Commonwealth Court of Pennsylvania. July 26, 2011. Appeal from the Chester County 2009-09673-AB. Commonwealth Court of Pennsylvania Decision Without Published Opinion Affirmed.

621 A.2d 1139 Robert KRUMBINE, Harold J. Tice and Robert E. Henning, Trustees of the South Lebanon Rod and Gun Club, Appellants, v. LEBANON COUNTY TAX CLAIM BUREAU, W. Lowell Eckenroth and Larry K. Karpenko. Commonwealth Court of Pennsylvania.Argued December 14, 1992. Decided February 11, 1993. Appeal from the Court of Common Pleas, Lebanon County, […]

477 A.2d 922 James P. Egan, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. July 10, 1984. Unemployment compensation — Scope of appellate review — Inconsistent findings — Capricious disregard of competent evidence — Pension benefits — Return of contributions — Unemployment Compensation Law, Act of December 5, […]

862 A.2d 752 Thor S. Svege, Jr., a minor, by his grandmother and Guardian Alice G. Svege; Briana Lee Svege, a minor, by her grandmother and Guardian Alice G. Svege; and the Estate of Thor S. Svege, Sr., Deceased, by Alice G. Svege, Administratrix, Appellants v. Interstate Safety Service, Inc., Stabler Construction Co. — JV-Eastern […]

382 A.2d 1283 Butler Education Association, Petitioner v. Butler Area School District, Respondent. Commonwealth Court of Pennsylvania. March 3, 1978. Appeals — Interlocutory appeal by permission — Appellate Court Jurisdiction Act of 1970, Act 1970, July 31, P.L. 673 — Pa. R.A.P. 1311 — Petition for review — Jurisdiction of the Supreme Court of Pennsylvania […]

451 A.2d 1059 Mary Schuster, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 16, 1982 November 4, 1982. Unemployment compensation — Burden of proof — Job referral. 1. An unemployment compensation claimant has the burden of proving her right to benefits. [539] 2. In an unemployment compensation […]

503 A.2d 1120 Philadelphia Commission on Human Relations, Appellant v. Dr. Reginald R. Gold, Appellee. Commonwealth Court of Pennsylvania.Argued December 9, 1985 February 7, 1986. Human relations — Interlocutory order — Remand order — Commingling of prosecutorial and judicial functions — Conversations between counsel. 1. Although a court order remanding a matter to an administrative […]

861 A.2d 418 Boyertown Area School District, Keystone Central School District, Souderton Area School District, Wallingford-Swarthmore School District, Upper Merion Area School District, Norristown Area School District, Daniel Boone Area School District, Perkiomen Valley School District, Pottsgrove School District, Petitioners v. Department of Education, Respondent. No. 369 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: June 10, 2004. […]

720 A.2d 823 M. Diane KOKEN, Insurance Commissioner of the Commonwealth of Pennsylvania, in her capacity as Statutory Liquidator of Corporate Life Insurance Company, by her deputy, William S. TAYLOR, Jr., Office of Liquidations and Rehabilitaions, Commonwealth of Pennsylvania Insurance Department, Plaintiff, v. BALABAN AND BALABAN, Defendant. Commonwealth Court of Pennsylvania.Argued September 17, 1998. Decided […]

579 A.2d 983 Esther M. HALTER, t/a Roma Cafe, Appellant v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA LIQUOR CONTROL BOARD, BUREAU OF LIQUOR CONTROL ENFORCEMENT, PENNSYLVANIA STATE POLICE, Appellee. Commonwealth Court of Pennsylvania.Submitted January 19, 1990. Decided March 13, 1990. Publication Ordered September 10, 1990. Appeal from the Liquor Control Board. Page 4 William C. Kollas, Kollas, […]

426 A.2d 762 Selim A. Elias, M.D., Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Polk Center, Respondent. Commonwealth Court of Pennsylvania.Argued December 12, 1980 March 13, 1981. Public employees — Civil service — Back pay — Abuse of discretion — Remand. 1. The State Civil Service Commission has discretion to determine whether a […]

401 A.2d 388 Florence E. Houtz, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued December 4, 1978 May 3, 1979. Public assistance — Public Welfare Code, Act 1967, June 13, P.L. 31 — Legislative intent — Personal property limitation — Cash — Needy persons — Equipment and materials used […]

450 A.2d 270 James T. Cunningham, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole et al., Respondents. Commonwealth Court of Pennsylvania.Argued February 4, 1982 September 13, 1982. Pennsylvania Board of Probation and Parole — Recomputation of sentence — Moot questions. 1. The question of the constitutionality of the manner in which maximum […]

646 A.2d 655 Audrey L. SICO, Appellant, v. INDIANA TOWNSHIP ZONING HEARING BOARD, Indiana Township. Commonwealth Court of Pennsylvania.Argued March 1, 1994. Decided July 29, 1994. Appeal from the Common Pleas Court, Allegheny County, No. S.A. 829-93, McLean, J. Page 322 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

534 A.2d 589 James A. Hughes, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. December 11, 1987. Pennsylvania Board of Probation and Parole — Questions not properly raised — Modification of recommitment order — Waiver — Due process — Effective assistance of counsel — Burden of proof. […]

550 A.2d 1364 David Russell, Petitioner v. Workmen’s Compensation Appeal Board (Volkswagen of America), Respondents. Commonwealth Court of Pennsylvania. December 2, 1988. Workers’ compensation — Petition for reinstatement — Burden of proof — Capricious disregard of competent evidence — Ambiguous and contradictory findings of fact — Remand. 1. Where the party with the burden of […]

286 A.2d 924 Lando, et ux. v. Springettsbury Township Zoning Board of Adjustment. Commonwealth Court of Pennsylvania.Argued January 4, 1972 February 2, 1972. Zoning — Scope of appellate review — Abuse of discretion — Error of law — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. L. ___ No. 247 — Findings of Fact […]

455 A.2d 278 City of Philadelphia, Appellant v. Philip Lindy, t/a Fountain View Apartments, Appellee. Commonwealth Court of Pennsylvania.Argued December 15, 1982 February 2, 1983. Administrative agency — Trespass — Counterclaim — Motion to dismiss. 1. After a public agency’s administrative decision adverse to a party has become final as a consequence of that party’s […]

871 A.2d 331 Stacy MILLER, Appellant v. Charles KLINK, David Almond, Gregory A. Gaines, Laura Kimmel, Michael Viola, Attorney General of the Commonwealth of Pennsylvania, Commissioner of State Police, Pennsylvania State Police Barracks Commander-Embryville, and Pennsylvania State Trooper Leo Hegarty. Commonwealth Court of Pennsylvania.Argued: March 3, 2005. Decided: April 1, 2005. Appeal from the Court […]

714 A.2d 1143 BUCKEYE PIPE LINE COMPANY, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ABT), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 12, 1998. Decided July 10, 1998. Appeal from the Workers’ Compensation Appeal Board, No. A95-4245. Page 1144 Daniel J. Gallagher, Harrisburg, for petitioner. Robert P. Haynes, Camp Hill, for respondent. Before DOYLE, and […]

381 A.2d 1348 County of Lawrence v. Robert E. Foht, County Controller of Lawrence County, Appellant. Commonwealth Court of Pennsylvania.Argued October 4, 1977 January 30, 1978. Public officials — County Controller — Secretary of Retirement Board — County Pension Law, Act 1971, August 31, P.L. 398 — Act of 1971, November 1, P.L. 495 — […]

875 A.2d 1255 Hanover Healthcare Plus, Inc. v. Zoning Hearing Board of Penn Township, York County, Pennsylvania. Appeal of: Penn Township, York County. No. 2044 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: April 4, 2005. Filed: June 13, 2005. BEFORE: COLINS, President Judge; FRIEDMAN, Judge; JUBELIRER, Judge. OPINION BY PRESIDENT JUDGE COLINS. This appeal arises from the […]

395 A.2d 304 Robert J. Losieniecki, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania.Argued September 14, 1978 December 13, 1978. Civil service — Back pay — Discretion of State Civil Service Commission — Scope of appellate review — Abuse of discretion — Civil Service Act, Act 1941, […]

Kandice J. GIURINTANO, Petitioner v. DEPARTMENT OF GENERAL SERVICES, Respondent. No. 1788 C.D. 2010.Commonwealth Court of Pennsylvania.Argued March 8, 2011. Decided April 25, 2011. Page 614 James W. Kutz, Harrisburg, for petitioner. Joshua K. Harman, Harrisburg, for respondent. Scott F. Cooper and Brian S. Gocial, Philadelphia, for intervenor Language Services Associates. BEFORE: LEADBETTER, President Judge, […]

315 A.2d 880 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant, v. Leonard E. Chutz, Appellee. Commonwealth Court of Pennsylvania.Argued December 6, 1973 December 31, 1973. Motor vehicles — Suspension of motor vehicle operator’s license — The Vehicle Code, Act 1959, April 29, P. L. 58 — Speed limits — Speed limit […]

639 A.2d 915 BEAVER VALLEY BUILDERS SUPPLY, INC., Appellant, v. The ZONING HEARING BOARD OF BELL ACRES BOROUGH and Bell Acres Borough. Commonwealth Court of Pennsylvania.Argued November 16, 1993. Decided March 14, 1994. Appeal from the Common Pleas Court, Allegheny County, No. S.A. 731 of 1989, Penkower, J. Page 526 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

423 A.2d 1101 Dan Maurice Myers and Barbara Jean Myers, Petitioners v. Commonwealth of Pennsylvania, Department of Revenue, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1980 December 22, 1980. Taxation — Declaratory judgment — Availability of other remedy — Declaratory Judgments Act, 42 Pa. C. S. § 7541 — Exclusive administrative tribunal jurisdiction — Tax […]

328 A.2d 177 The Board of Supervisors of Ferguson Township, Appellant, v. Jack Strouse, Appellee. Commonwealth Court of Pennsylvania.Argued September 10, 1974 November 18, 1974. Zoning — Right of appeal — Pennsylvania Municipalities Planning Code, Act 1968, July 31, P. L. 805 — Refusal to rezone. 1. Provisions of the Pennsylvania Municipalities Planning Code, Act […]

636 A.2d 1225 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, Appellant, v. Zszislaw WARENCZUK, Appellee. Commonwealth Court of Pennsylvania.Submitted August 23, 1991. Decided November 21, 1991. Publication Ordered January 27, 1994. Appeal from the Common Pleas Court, Monroe County, No. 2913 CIV 1990, O’Brien, J. Page 7 Frank M. O’Neill and Timothy […]

461 A.2d 645 Eugene McClure, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. June 23, 1983. Pennsylvania Board of Probation and Parole — Technical parole violator — Convicted parole violator — Double jeopardy — Administrative proceedings — Due process. 1. Recommitment as a technical parole violator for […]

WHITE DEER TOWNSHIP, Appellant v. Charles NAPP, Helen Napp, Leonard Caris, Doris Caris, Charlotte Hartranft, and Donald Bird. No. 1581 C.D. 2004.Commonwealth Court of Pennsylvania.Argued April 9, 2007. Decided July 19, 2007. Appeal from the Court of Common Pleas, Union County, Civil Division, No. 04-0007, Knight, J. Page 672 Timothy J. Nieman, Harrisburg, for appellant. […]

654 A.2d 159 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Petitioner v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued: October 6, 1994. Decided: January 13, 1995. Reargument Denied: March 3, 1995. Appeal from No. PERA-C92-457-E. Reversed. Page 160 Maureen L. Hogel, for petitioner. James L. Crawford, for respondent. Michael Brodie for intervenor, Transport Workers Union Local […]

423 A.2d 802 Frank R. Magnelli, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Civil Service Commission and Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Respondents. Commonwealth Court of Pennsylvania.Argued June 2, 1980 December 22, 1980. Civil service — Standing — Mootness. 1. Once a Liquor Control Board employee is validly discharged, he no longer has […]

851 A.2d 1020 Robert Taylor, Appellant v. Harmony Township Board of Commissioners. No. 2622 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: May 3, 2004. Filed: June 10, 2004. Page 1021 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1022 David L. Gropp, Beaver, for […]

561 A.2d 1305 TRUCK TERMINAL MOTELS OF AMERICA, INC. v. BERKS COUNTY BOARD OF ASSESSMENT APPEALS. Appeal of TULPEHOCKEN AREA SCHOOL DISTRICT. Commonwealth Court of Pennsylvania.Argued April 3, 1989. Decided July 19, 1989. Appeal from the Court of Common Pleas of Berks County, Frederick Edenharter, J. Page 409 Joseph E. DeSantis, with him, David J. […]

576 A.2d 407 STATE COLLEGE MANOR, LTD., Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued April 30, 1990. Decided June 1, 1990. Reargument and Reconsideration Denied June 28, 1990. Appeal from the Department of Public Welfare, File Nos. 23-82-41, 23-82-208, and 24-84-103. Page 344 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

BUTLER COUNTY DEPUTY SHERIFF’S UNIT, Appellant v. PENNSYLVANIA LABOR RELATIONS BOARD. No. 2086 C.D. 2005.Commonwealth Court of Pennsylvania.Argued October 16, 2006. Decided November 15, 2006. Appeal from the Court of Common Pleas, Butler County, MSD No. 04-40167, Henry, Senior Judge. Page 219 Peter J. Pietrandrea, Cranberry Township, for appellant. Julie M. Graham, Butler, for appellee, […]

402 A.2d 561 Empire Kosher Poultry, Inc. and American Mutual Insurance Companies, Petitioners v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Herman Fronk, Respondents. Commonwealth Court of Pennsylvania.Argued March 5, 1979 June 19, 1979. Workmen’s compensation — Petition to terminate agreement — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — […]

804 A.2d 77 Joseph Santino Pass v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 1255 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: February 8, 2002. Filed: May 3, 2002. Order Filed: August 23, 2002. Appeal from the Court of Common Pleas, Allegheny County, No. SA 1458 of 2000, Dabuer, J. Page 78 […]

777 A.2d 1174 BENSALEM TOWNSHIP POLICE BENEVOLENT ASSOCIATION, INC., Appellant v. BENSALEM TOWNSHIP. No. 2565 C.D. 1999.Commonwealth Court of Pennsylvania.Argued: May 15, 2000. Filed: May 4, 2001. Page 1175 Before: Honorable James Gardner Colins, Judge; Honorable Jim Flaherty, Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. OPINION JUDGE FLAHERTY Bensalem Township Police Benevolent Association, Inc. […]

650 A.2d 1186 Joseph C. CERTO, III, Petitioner, v. MUNICIPAL POLICE OFFICERS’ EDUCATION AND TRAINING COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued September 23, 1994 Decided November 22, 1994. Reargument Denied January 10, 1995. Appeal from the Municipal Police Officers’ Education and Training Commission. Page 456 Dianne M. Sheppard, for petitioner. Joseph S. Rengert, Chief Counsel, […]

454 A.2d 695 Schuylkill Township, Petitioner v. James K. Overstreet and Evelyn Overstreet, Respondents. Commonwealth Court of Pennsylvania.Argued December 15, 1982 January 25, 1983. Zoning — Indispensable party — Mobile homes. 1. An indispensable party is one whose rights are so connected with the claims of the litigants that no decree or order can be […]

535 A.2d 266 Joseph M. McGlone, Appellant v. City of Philadelphia, Appellee. Commonwealth Court of Pennsylvania.Argued September 18, 1987. December 29, 1987. Civil service — Scope of appellate review — Psychiatric examination — Just cause — Discipline. 1. Under its scope of review, the Commonwealth Court of Pennsylvania must affirm an adjudication of a civil […]

Michael BLONG, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (FLUID CONTAINMENT, INSERCO INSURANCE SERVICE AND GALLAGHER BASSETT SERVICES), Respondents. Commonwealth Court of Pennsylvania.Submitted on Briefs November 23, 2005. Decided January 19, 2006. Appeal from the Workers’ Compensation Appeal Board, No. A04-1646, affirming a Workers’ Compensation Judge. Page 1151 James A. Garver, Altoona, for petitioner. Heather A. […]

408 A.2d 547 In the Matter of Ronald Priest. Ronald Priest, Appellant. Commonwealth Court of Pennsylvania.Argued October 3, 1979 November 15, 1979. Civil service — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Local Agency Law, Act 1968, December 2, P.L. 1133 […]

784 A.2d 860 C. Hannah Sons Construction, Petitioner v. Workers’ Compensation Appeal Board (Days), Respondent. No. 928 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: September 7, 2001. Filed: October 17, 2001. Page 861 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 862 Before: Honorable […]

630 A.2d 541 PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT, Appellant v. BOOTS BONNET, INC. Commonwealth Court of Pennsylvania.Submitted on Briefs May 28, 1993. Decided August 10, 1993. Appeal from the Common Pleas Court, Delaware County, No. A41-1-1991, Bradley, J. Page 549 James A. Saylor, Asst. Counsel, for appellant. Francis R. Lord, for appellee. […]

464 A.2d 692 In Re: Appeal of the Shipley School from Decision of the Board of Assessment Appeals of Montgomery County, Pa. Shipley School, Appellant. Commonwealth Court of Pennsylvania.Argued December 15, 1982 August 31, 1983. Argued December 15, 1982, before Judges BLATT, WILLIAMS, JR. and DOYLE, sitting as a panel of three. Appeals, Nos. 2875, […]

376 A.2d 302 The Board of School Directors of the Centennial School District, Petitioner v. Commonwealth of Pennsylvania, Secretary of Education, Respondent; Ruth F. Grant, Intervenor. Commonwealth Court of Pennsylvania.Argued June 10, 1977 August 9, 1977. Schools — Dismissal of tenured professional employe — Public School Code of 1949, Act 1949, March 10, P.L. 30 […]

COMM. OF PA, DEPT. OF TRANS. v. RITTER’S AUTO REPAIR. No. 2249CD04, 2251CD04.Commonwealth Court of Pennsylvania. June 2, 2005. Appeal from the Philadelphia County 1786 Aug. Term 2002, 1790 Aug. Term 2002. Decision without published opinion. Reversed and Affirmed.

596 A.2d 1161 John B. WILSON and Linda L. Wilson, as parents and natural guardians of Jason P. Wilson, a minor, and John B. Wilson and Linda L. Wilson, in their own right, and Jason P. Wilson, in his own right, Appellants, v. RIDGWAY AREA SCHOOL DISTRICT, a Political Subdivision of the Commonwealth of Pennsylvania […]

638 A.2d 422 PG PUBLISHING COMPANY, Observer Publishing Company v. COUNTY OF WASHINGTON, Paul Belcastro, Controller of the County of Washington and The County of Washington, Pennsylvania. Appeal of COUNTY OF WASHINGTON, Appellant. Commonwealth Court of Pennsylvania.Argued November 18, 1993. Decided February 24, 1994. Appeal from the Common Pleas Court, Washington County, Nos. 93-4035 and […]

460 A.2d 390 Robert T. Wood, Appellant v. City of Pittsburgh, a municipal corporation and Paul J. Imhoff, Superintendent of Bureau of Building Inspection, Appellees. Commonwealth Court of Pennsylvania. May 25, 1983. Building code — Preliminary injunction — Scope of appellate review — Ex post facto — Penal sanctions. 1. In an appeal from the […]

502 A.2d 297 Frank D. Miceli, Charles Minnich and Leander Krist, Token Claimants, Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued September 9, 1985 December 17, 1985. Unemployment compensation — Work stoppage — Strike — Lockout — Burden of proof — Scope of appellate review — Inconsistent findings […]

388 A.2d 777 Andrew Taylor, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. July 19, 1978. Pennsylvania Board of Probation and Parole — Concurrent sentences — Consecutive sentences — Act of 1937, May 28, P.L. 1036 — Convicted parole violator — Act of 1941, August 6, P.L. […]

360 A.2d 773 First Federal Savings and Loan Association of Hazleton, Appellant v. Commonwealth of Pennsylvania, Appellee. Commonwealth Court of Pennsylvania.Argued March 1, 1976 July 1, 1976. Taxation — The mutual Thrift Institutions Tax Act, Act 1964, June 22, P.L. 16 — Interest on Federal obligations — Exemption — Act of 1971, August 31, P.L. […]