Category: Pennsylvania Superior Court Opinions

578 A.2d 56 The BOROUGH OF EMPORIUM, Appellant v. KEYSTONE AIRPORT AUTHORITY, an unincorporated association by Richard Sanderson, trustee ad litem, Appellee. The BOROUGH OF EMPORIUM, Appellant v. KEYSTONE AIRPORT AUTHORITY, an unincorporated association by Richard Sanderson, Trustee ad litem, Appellee. Commonwealth Court of Pennsylvania.Argued April 2, 1990. Decided July 9, 1990. Reargument Denied August […]

686 A.2d 843 James L. SNYDER, Petitioner v. STATE ETHICS COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued September 12, 1996. Decided December 18, 1996. Appeal from State Ethics Commission (SEC), Order No. 979-2. Page 844 Girard E. Rickards, Harrisburg, for petitioner. John J. Contino, Executive Director, Harrisburg, for respondent. Before PELLEGRINI and FRIEDMAN, JJ., KELTON, Senior […]

552 A.2d 336 Russell W. Seilhamer, Petitioner v. Workmen’s Compensation Appeal Board (Berwind Railway Service Company), Respondents. Commonwealth Court of Pennsylvania. December 29, 1988. Workers’ compensation — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Petition to suspend — Petition to terminate […]

339 A.2d 911 Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania and Ruth Scally, Widow of Robert Scally, deceased, v. Commonwealth of Pennsylvania, Appellant. Commonwealth Court of Pennsylvania.Argued June 3, 1975 June 25, 1975. Workmen’s compensation — Occupational disease — Anthracosilicosis — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — […]

363 A.2d 833 Julia Weingrad, w/o Leon, Deceased, and Barbara Weingrad, w/o Leon and Natural Guardian for Michael Aaron Weingrad v. Byberry State Hospital. Workmen’s Compensation Appeal Board of the Commonwealth of Pennsylvania. Julia Weingrad and Barbara Weingrad, Appellants. Commonwealth Court of Pennsylvania.Argued June 10, 1976 September 15, 1976. Workmen’s compensation — Assault by third […]

527 A.2d 586 James L. Kealy, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Respondent. Commonwealth Court of Pennsylvania.Argued April 23, 1987. June 11, 1987. Civil service — Civil Service Act, Act of August 5, 1941, P.L. 752 — Back pay — Scope of appellate review — Abuse of discretion — Culpability of employe […]

468 A.2d 1143 Walter W. Cohen, Consumer Advocate, Petitioner v. Pennsylvania Public Utility Commission, Respondent. UGI Corporation — Gas Utility Division, Intervenor. UGI Corporation — Gas Utility Division, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Bethlehem Steel Corporation et al., Intervenors. UGI Corporation — Gas Utility Division, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Office […]

320 A.2d 391 Lakelands Racing Association, Inc., Appellant, v. Fairview Township, Appellee. Commonwealth Court of Pennsylvania.Argued May 6, 1974 May 20, 1974. Taxation — Amusement tax — The Local Tax Enabling Act, Act 1965, December 31, P. L. 1257 — State preemption — Subject matter — Tax base — Legislative intent — Statutory Construction Act […]

520 A.2d 895 First National Bank of Fredericksburg, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued September 10, 1986 January 27, 1987. Taxation — Single Excise Tax — Act of December 1, 1983, P.L. 228 — Banks — Due process — Refund — Legislature. 1. The Single Excise Tax of the Act of […]

316 A.2d 665 Charles G. Sweet, Richard DiSalle, Alexander R. Curran, Thomas D. Gladden, Paul A. Simmons, Judges of the Court of Common Pleas of the 27th Judicial District, Appellants, v. Pennsylvania Labor Relations Board, County of Washington, Michael R. Flynn, Frank Jones and Edward Paluso, County Commissioners, Peter Elish, County Controller, and Service Employees […]

730 A.2d 557 TOWNSHIP OF FALLS, Appellant v. NELSON A. WHITNEY, II, as a member of the Police Association of Falls Township. NO. 1180 C.D. 1998.Commonwealth Court of Pennsylvania.Argued: March 9, 1999 Decided: May 14, 1999. Appeal from the Court of Common Pleas of Bucks County, No. 97-005519-19-6, Rufe, J. Page 558 Kevin L. Hand, […]

401 A.2d 1383 Welded Tube Company of America, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent; Lawrence Jetter, Intervenor. Commonwealth Court of Pennsylvania.Argued March 8, 1979 June 6, 1979. Unemployment compensation — Wilful misconduct — Absenteeism — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Conflicting evidence — Notice […]

686 A.2d 885 WILLIAMSPORT AREA SCHOOL DISTRICT v. WILLIAMSPORT EDUCATION ASSOCIATION, Appellant. Commonwealth Court of Pennsylvania.Argued September 10, 1996. Decided December 13, 1996. Appeal from The Common Pleas Court of the County of Lycoming, No. 94-02020, Raup, President Judge. William A. Hebe, Wellsboro, for appellant. Fred A. Holland, Williamsport, for appellee. Before KELLEY and FLAHERTY, […]

829 A.2d 763 City of New Castle v. Pius A. Uzamere, Appellant. No. 2536 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: March 28, 2003. Filed: August 1, 2003. Page 764 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 765 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

395 A.2d 588 Motor Truck Owners Conference, Inc., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Paul Shettel, Respondents. Commonwealth Court of Pennsylvania.Argued September 15, 1978 November 6, 1978. Workmen’s compensation — Petition to terminate agreement or award — Causation — Burden of proof. 1. An employer filing a petition to terminate a […]

485 A.2d 1233 Pennsylvania Industries for the Blind and Handicapped, Petitioner v. Commonwealth of Pennsylvania, State System of Higher Education, Respondent. Commonwealth Court of Pennsylvania.Argued October 15, 1984 January 7, 1985. Schools — Repeals — Administrative Code of 1929, Act of April 9, 1929, P.L. 177 — Handicapped — Competitive bidding. 1. Because implied repeals […]

576 A.2d 1167 KIRKWOOD PARTNERSHIP, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued April 5, 1990. Decided June 15, 1990. Appeal from the Public Utility Commission No. C-871525. Page 479 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 480 […]

687 A.2d 59 Robert SWEED v. CITY OF PHILADELPHIA, Risk Management Division, Appellant. Commonwealth Court of Pennsylvania.Argued October 9, 1996. Decided December 30, 1996. Appeal from Common Pleas Court of the County of Philadelphia, No. 153 January Term, 1995, Avellino, J. Page 60 Martin G. Malloy, for appellant. Ira B. Shrager, for appellee. Before COLINS, […]

468 A.2d 1173 Fritz Nordmann and Anna Nordmann, his wife v. Commonwealth of Pennsylvania and The Joseph Bucheit Sons Co. Keystone Iron Metal Co., Inc., Appellant. Fritz Nordmann and Anna Nordmann, his wife v. Keystone Iron Metal Co., Inc. and LeWinter Transfer Co. Keystone Iron Metal Co., Inc., Appellant. Commonwealth Court of Pennsylvania.Argued March 3, […]

791 A.2d 1287 Joseph Newman v. Commonwealth of Pennsylvania, Department of Transportation, Appellant. No. 1907 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: January 11, 2002. Filed: February 22, 2002. Before: Honorable Doris A. Smith-Ribner, Judge; Honorable Robert Simpson, Judge; Honorable James R. Kelley, Senior Judge. OPINION JUDGE SMITH-RIBNER The Department of Transportation (DOT) appeals from the order […]

496 A.2d 907 Howard Painter, Petitioner v. Workmen’s Compensation Appeal Board (Universal Cyclops), Respondents. Commonwealth Court of Pennsylvania.Argued March 14, 1985 August 9, 1985. Workmen’s compensation — Scope of appellate review — Burden of proof — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Total disability — Additional compensation. 1. […]

624 A.2d 225 Darryl TAYLOR, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 15, 1993. Decided March 31, 1993. Appeal from the Board of Probation and Parole, No. 6659-S. Page 463 Kent D. Watkins, for petitioner. Arthur R. Thomas, Asst. Chief Counsel, for respondent. Before CRAIG, President […]

450 A.2d 287 Eva Oliver, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. September 16, 1982. Unemployment compensation — Willful misconduct — Absenteeism — Due process. 1. For unemployment compensation purposes, willful misconduct exists where there is evidence of absenteeism coupled with a violation of a requirement that […]

283 A.2d 504 Basalyga, et al. v. Commonwealth. Hohensee, et al. v. Commonwealth. Commonwealth Court of Pennsylvania.Argued September 10, 1971 November 9, 1971. Eminent domain — Receiver — Right of appeal. 1. A receiver, duly appointed to represent all interests in a corporation, the ownership and control of which being in dispute, is the proper […]

700 A.2d 1362 ROBERT REIF, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (FUNKS HAULING SERVICE), Respondent. Commonwealth Court of Pennsylvania.Submitted July 3, 1997. Decided October 2, 1997. Appeal from the Workers’ Compensation Appeal Board, No. A95-0694. Eric Gavin Marttila, Philadelphia, for Petitioner. Paul V. Tatlow, Philadelphia, for Respondent. Before PELLEGRINI and FLAHERTY, JJ., MIRARCHI, Jr., Senior […]

563 A.2d 981 REVENUE APPEALS BOARD, NORTHAMPTON COUNTY and County of Northampton, Appellants v. Richard C. FUISZ, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs: March 17, 1989. Decided: September 7, 1989. Appeal from the Common Pleas Court, Northampton County, No. 1988-C-164, Robert A. Freedberg, J. Page 465 Edward L. Redding, Assistant County Solicitor, Bethlehem, for […]

595 A.2d 761 Charles MAJESKY, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (TRANSIT AMERICA, INC.), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs November 9, 1990. Decided July 24, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A-97279. Page 399 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

M. Diane KOKEN, Insurance Commissioner of the Commonwealth of Pennsylvania, in her official capacity of Liquidator of Legion Insurance Company, Plaintiff v. ONE BEACON INSURANCE COMPANY, CGU Insurance Company, General Accident Insurance Company of America, White Mountain Insurance Group, LTD and Commercial Union Insurance Company, Defendants. No. 392 M.D. 2005.Commonwealth Court of Pennsylvania.Argued August 31, […]

662 A.2d 1164 YORKTOWNE MUTUAL INSURANCE COMPANY, Petitioner v. INSURANCE DEPARTMENT, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs June 30, 1995. Decided August 7, 1995. Appeal from Insurance Commissioner, No. E92-04-01. Leo E. Gribbin, for petitioner. Lynne E. Fitzwater, Dept. Counsel, for respondent. Before COLINS, President Judge, PELLEGRINI, J., and LORD, Senior Judge. COLINS, President […]

611 A.2d 793 The ALLENTOWN HOSPITAL-LEHIGH VALLEY HOSPITAL CENTER, Appellant v. BOARD OF ASSESSMENT APPEALS, LEHIGH COUNTY, Pennsylvania and Salisbury Township School District and Lehigh County, Pennsylvania, Appellees. Commonwealth Court of Pennsylvania.Argued March 2, 1992. Decided June 9, 1992. Petition for Allowance of Appeal Denied November 18, 1992. Appeal from the Common Pleas Court, Lehigh […]

656 A.2d 572 Andrew WHEELER, Appellant, v. CIVIL SERVICE COMMISSION. Commonwealth Court of Pennsylvania.Argued February 10, 1995. Decided March 15, 1995. Appeal from the Common Pleas Court, Philadelphia County, No. 1499 February Term, 1989, Bradley, J. Page 573 David C. Harrison, for appellant. Peter M. Harrison, for appellee. Before DOYLE and SMITH, JJ., and LORD, […]

320 A.2d 440 City of Philadelphia, Appellant, v. Richard E. Murphy, Appellee. Commonwealth Court of Pennsylvania.Argued April 4, 1974 May 29, 1974. Employment — Regulation 32 of the Philadelphia Civil Service Commission — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P. L. 736 — Aggravation of a preexisting condition. 1. In cases brought […]

426 A.2d 215 George Pavalonis, Jr., Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued December 11, 1980 March 4, 1981. Unemployment compensation — Self-employment — Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897 — Scope of appellate review — Error of law — Findings of […]

662 A.2d 1157 Silas HARTAGE, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs May 12, 1995. Decided July 18, 1995. Appealed from Board of Probation and Parole No. 9789-T. Page 1158 Kent D. Watkins, for petitioner. Robert A. Greevy, Chief Counsel, for respondent. Before PELLEGRINI and FRIEDMAN, JJ., […]

401 A.2d 875 John R. Nye, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and K H Construction Co., Inc., Respondents. Commonwealth Court of Pennsylvania. May 29, 1979. Workmen’s compensation — Anthracosilicosis — Disability — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Scope of appellate review — Capricious disregard […]

476 A.2d 502 John P. McCluskey et al., Petitioners v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Paul M. Baronak et al., Petitioners v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth Court of Pennsylvania.Argued March 12, 1984 June 7, 1984. Civil service — Scope of appellate review — Violation of constitutional rights — Error […]

722 A.2d 1111 CITY OF EASTON, Appellant, v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 447. Commonwealth Court of Pennsylvania.Argued September 18, 1998. Decided December 3, 1998. Reargument Denied February 3, 1999. Appeal from the Court of Common Pleas, Northampton County, No. 1996-C-7872, Freedberg, President Judge. Theresa Hogan, Easton, for appellant. Wendy […]

UNIONTOWN NEWSPAPERS, INC., t/d/b/a the Herald-Standard, a corporation and Paul Sunyak, an individual, Petitioners v. Lawrence ROBERTS, in his capacity as a member of the General Assembly of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued December 12, 2005. Decided February 27, 2006. Reconsideration Denied March 28, 2006.[*] [*] Judge Cohn Jubelirer did not participate in this […]

405 A.2d 964 Herbert H. Brinser, Appellant v. Cumberland-Perry Area Vocational-Technical School Joint-Operating Committee, Appellee. Commonwealth Court of Pennsylvania.Argued March 5, 1979 August 2, 1979. Schools — Suspension of professional employe — Abolishing positions — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Discretion of school board — Public welfare — […]

436 A.2d 243 Township of North Fayette, Petitioner v. Commonwealth of Pennsylvania, Richard L. Thornburgh, Governor et al., Respondents. Commonwealth Court of Pennsylvania.Argued September 17, 1981 October 26, 1981. Townships — Detour — Standing — Aggrieved party. 1. Where a township fails to show that an alleged injury resulting from the Pennsylvania Department of Transportation’s […]

470 A.2d 1124 McCrory Stores, Petitioner v. Workmen’s Compensation Appeal Board (Hopkins), Respondents. Commonwealth Court of Pennsylvania. January 31, 1984. Workmen’s compensation — Modification — Burden of proof. 1. When an employer seeks to modify a workmen’s compensation agreement by asserting that a claimant’s disability is no longer total, the employer has the burden of […]

Robinson v. Holder. No. 281CD09.Commonwealth Court of Pennsylvania. August 12, 2009. Appeal from the Philadelphia County 002102 Jan. Term 2007. Decisions Without Published Opinions Affirmed.

BGS Assoc., L.P. v. Zoning Hearing Board of Lehman. No. 2333CD08.Commonwealth Court of Pennsylvania. July 23, 2009. Appeal from the Pike County 944-2008-Civil. Decisions Without Published Opinions Affirmed.

618 A.2d 1050 Norbert BABAC and Anne Martin Criss, Petitioners, v. PENNSYLVANIA MILK MARKETING BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued September 16, 1992. Decided November 24, 1992. Reconsideration Granted, Order Modified January 28, 1993. Appeal from the Milk Marketing Board, No. A-870. Page 580 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

725 A.2d 1260 FRANK MAROSKI, Petitioner, v. WORKERS’ COMPENSATION APPEAL BOARD (BETHLEHEM STEEL CORPORATION), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs December 18, 1998. Decided February 25, 1999. As Amended March 3, 1999. Appeal from the Workers’ Compensation Appeal Board, No. A95-2615. Page 1261 Martha J. Hampton, Philadelphia, for petitioner. Jonathan D. Weiss, Philadelphia, for […]

434 A.2d 864 Christopher C. Quarles, Jr., Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent. Commonwealth Court of Pennsylvania.Argued June 4, 1981 September 14, 1981. Civil service — Scope of appellate review — Violation of constitutional rights — Error of law — Capricious disregard of competent evidence — Discrimination — Burden of proof — […]

592 A.2d 830 Daniel E. McGUIRE, Petitioner, v. DEPARTMENT OF AGING, Respondent. Robert Daniel AINSCOUGH, Petitioner, v. DEPARTMENT OF AGING, Respondent. Commonwealth Court of Pennsylvania.Argued November 1, 1990. Decided June 7, 1991. Appeal from the State Civil Service Commission No. 8743, Daniel E. McGuire, No. 8744, Robert Daniel Ainscough. Page 379 Debra K. Wallet, Camp […]

477 A.2d 902 Anthony Pitale, Appellant v. Philadelphia Zoning Board of Adjustment, and Antonio Dominijanni, Appellees. Commonwealth Court of Pennsylvania.Argued June 6, 1984 July 2 1984. Finality of decisions — Zoning — Enforcement. 1. Where the Commonwealth Court of Pennsylvania has held that a variance to a zoning ordinance is unwarranted, the trial court in […]

684 A.2d 213 HOUSE OF LLOYD, Petitioner, v. Commonwealth Court of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued September 11, 1996. Decided October 28, 1996. Appeal from the Board of Finance and Revenue, No. 14,545. Page 214 Thomas L. Wenger, for Petitioner. Matthew W. Tomalis, Deputy Attorney General, for Respondent. Page 215 Before COLINS, President Judge, […]

845 A.2d 932 Jack Chiconella, Petitioner v. Workers’ Compensation Appeal Board (Century Steel Erectors, Inc. and Commonwealth of Pennsylvania Subsequent Injury Fund), Respondents. No. 1739 C.D. 2003.Commonwealth Court of Pennsylvania.Argued: February 4, 2004. Filed: March 12, 2004. Page 933 Stephen J. O’Brien, Pittsburgh, for petitioner. Martin C. Cuningham, Harrisburgh, for respondent. BEFORE: LEADBETTER, Judge, KELLEY, […]

Commonwealth Court of Pennsylvania. DECISIONS WITHOUT PUBLISHED OPINIONS SS Properties, Inc. v. Zoning Hearing Board of City of Allentown …….. 488CD01 11/7/2001 Lehigh County Affirmed 1999-C-3302 Maplewood Estates, Inc. v. Board of Supervisors of Lower Milford Township ……… 853CD01 11/7/2001 Lehigh County Affirmed 2000-C-2072 Borough of Kennett Square v. Mize … 2683CD00 11/8/2001 Chester County […]

636 A.2d 1228 Susan M. HASKINS, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued December 13, 1993. Decided January 6, 1994. Appeal from the Civil Service Commission, No. 13684. Page 221 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

545 A.2d 465 Ronald Scobbie, Petitioner v. Workmen’s Compensation Appeal Board (Greenville Steel Car Company), Respondents. Commonwealth Court of Pennsylvania. August 8, 1988. Workers’ compensation — Loss of earnings — Suspension — Burden of proof. 1. Although a workers’ compensation claimant may continue to suffer a work-related physical disability, if that physical disability does not […]

520 A.2d 518 Michael Thomas Harper, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. January 20, 1987. Pennsylvania Board of Probation and Parole — Recommitment — Scope of appellate review — Findings of fact — Substantial evidence — Error of law — Violation of constitutional rights — […]

606 A.2d 567 Joseph BUCHANAN, Appellant, v. Paul R. LITTLEHALES, Volunteer Fire Company No. 1 of Grill and LTL Lounge, Appellees. Commonwealth Court of Pennsylvania.Argued December 19, 1991. Decided March 16, 1992. Appeal from the Court of Common Pleas, Berks County, No. 405 February 1988, AD, Thomas J. Eshelman, J. Page 424 Richard R. Morelli, […]

488 A.2d 1177 Manojkumar D. Patel, Petitioner v. Workmen’s Compensation Appeal Board (Sauquoit Fibers Company and Penna. Mfg. Assn. Insurance Co.), Respondents. Commonwealth Court of Pennsylvania. March 4, 1985. Workmen’s compensation — Res judicata — Non-occupational disease — Injury — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Collateral estoppel […]

709 A.2d 453 COUNCIL ROCK SCHOOL DISTRICT, Appellant v. WRIGHTSTOWN TOWNSHIP ZONING HEARING BOARD. Commonwealth Court of Pennsylvania.Argued February 10, 1998 Decided March 30, 1998 Page 454 Appeal from the Court of Common Pleas, Bucks County, No. 97-00826-05-6, Garb, J. John A. VanLuvanee, Doylestown, for appellant. Brett G. Mandes and Terry W. Clemons, Doylestown, for […]

692 A.2d 645 LINDE ENTERPRISES, INC., Petitioner v. PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. Commonwealth Court of Pennsylvania.Argued December 10, 1996. Decided April 15, 1997. Appeal from the Environmental Hearing Board, No. 93-269-MR. Page 646 RODGERS, Senior Judge, dissented. Page 647 W. Boyd Hughes, Dunmore, for petitioner. Marc A. Ross, Assistant Counsel, Harrisburg, for respondent. […]

571 A.2d 541 James A. ELLIS, Jr. v. The ZONING HEARING BOARD OF NORTH CORNWALL TOWNSHIP. Appeal of NORTH CORNWALL TOWNSHIP. Commonwealth Court of Pennsylvania.Argued November 14, 1989. Decided March 8, 1990. Appeal from the Court of Common Pleas, No. 88-01152, Lebanon County, G. Thomas Gates, President Judge. Page 634 Paul W. Kilgore, Spitler and […]

VALENTINE COMPANY (f/k/a Nichols Associates, Inc.), Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. No. 562 F.R. 2006.Commonwealth Court of Pennsylvania.Argued March 31, 2009. Decided June 8, 2009. Page 1102 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1103 Maura Fay McIlvain, Philadelphia, for […]

362 A.2d 478 Ralph R. Riehl, Jr., et al., Appellants v. Millcreek Township Sewer Authority, Appellee. Commonwealth Court of Pennsylvania.Argued March 3, 1976 August 11, 1976. Eminent domain — Preliminary objections — Scope of appellate review — Abuse of discretion — Error of law — Sufficient evidence — Notice of declaration of taking — Eminent […]

391 A.2d 1344 Royal Factories, Inc., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Balbino Garcia, Respondents. Commonwealth Court of Pennsylvania.Argued September 11, 1978 October 17, 1978. Workmen’s compensation — Petition for rehearing — Timeliness of petition. 1. After the Commonwealth Court of Pennsylvania has held that the denial of a petition for […]

405 A.2d 1311 Lena Fineberg et al., Appellants v. Urban Redevelopment Authority of Pittsburgh, Appellee. Commonwealth Court of Pennsylvania.Argued May 10, 1979 August 8, 1979. Eminent domain — Appealable orders — Interlocutory orders — Jurisdictional questions — Eminent Domain Code, Act 1964, June 22, P.L. 84 — Description of condemned property. 1. Interlocutory orders, although […]

EDWARD v. BOROUGH OF MEDIA. No. 1071CD05.Commonwealth Court of Pennsylvania. February 09, 2006. Appeal from Delaware County, 03-050752, through 04-050373. Decision without published opinion. Affirmed.

339 A.2d 600 Commonwealth of Pennsylvania, Department of Transportation and Township of Tinicum and Palisades School District, Appellees, v. Joseph Petraitis and Wanda T. Petraitis, Appellants. Commonwealth Court of Pennsylvania.Argued April 4, 1975 May 28, 1975. Equity — Injunction — Scope of appellate review — Findings of fact — Sufficient evidence — Error of law […]

874 A.2d 1280 David VANDERPOOL, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent. No. 2581 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted on Briefs: April 22, 2005. Decided: May 27, 2005. Appeal from the Board of Probation and Parole, No. 7296-T. David Crowley, Bellefonte, for petitioner. Arthur R. Thomas, Asst. Counsel and Victoria S. Freimuth, Chief […]

791 A.2d 450 Americana Portraits Inc. and IIT Hartford, Petitioners v. Workers’ Compensation Appeal Board (Leach), Respondent. No. 1893 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: November 30, 2001. Filed: January 14, 2002. Before: Honorable Dan Pellegrini, Judge; Honorable Rochelle S. Friedman, Judge; Honorable Jim Flaherty, Senior Judge. OPINION SENIOR JUDGE FLAHERTY Americana Portraits, Inc. (Americana) and […]

439 A.2d 1281 James Chirico, Thomas Newby, III and Brian McNeill, Appellants v. Board of Supervisors for Newtown Township, Appellee. Board of Supervisors for Newtown Township, Appellant v. James Chirico, Thomas Newby, III and Brian McNeill, Appellees. Commonwealth Court of Pennsylvania.Argued November 20, 1981 December 31, 1981. Final judgment — Pennsylvania Rule of Civil Procedure […]

387 A.2d 167 County of Fayette v. Helen A. Blout and Laurel Contracting, Inc., Appellants. Commonwealth Court of Pennsylvania.Argued May 4, 1978 May 31, 1978. Zoning — Equity — Scope of appellate review — Abuse of discretion — Error of law — Findings of fact — Sufficient evidence — Truck storage — Commercial or truck […]

399 A.2d 1136 Mechanicsburg Area School District, Petitioner v. Honorable Caryl M. Kline, Secretary of Education et al., Respondents. Commonwealth Court of Pennsylvania.Argued February 6, 1979 March 23, 1979. Schools — State subsidy — Public School Code of 1949, Act 1949, March 10, P.L. 30 — Personal income valuation of school district — Indispensable party […]

792 A.2d 706 Shannon Darrall, Petitioner v. Workers’ Compensation Appeal Board (H.J. Heinz Company), Respondent. No. 2101 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: December 14, 2001. Filed: February 27, 2002. Page 707 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 708 Joseph A. […]

485 A.2d 853 Michael Marsh, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. December 19, 1984. Pennsylvania Board of Probation and Parole — Recommitment of technical parole violator — Scope of appellate review — Abuse of discretion — Violation of constitutional rights — Special parole condition — […]

410 A.2d 979 John B. Cislo, Petitioner v. Johnstown Housing Authority, Respondent. Commonwealth Court of Pennsylvania.Argued December 7, 1979 February 8, 1980. Workmen’s compensation — Petition to terminate — Burden of proof — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Scope of appellate review — Violation of constitutional rights — […]

BLACKWOOD, INC., Appellant v. TOWNSHIP OF REILLY, County of Schuylkill, Pennsylvania. Commonwealth Court of Pennsylvania.Argued April 9, 2007. Decided May 18, 2007. Appeal from the Court of Common Pleas, Schuylkill County, No. S-1249-2004, Stine, J. Page 1257 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

535 A.2d 745 C K Coal Company, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Commonwealth Court of Pennsylvania.Argued October 8, 1987. January 13, 1988. Appeals — Timeliness. 1. The untimeliness of an appeal is not excused by a representation by an official of the Pennsylvania Department of Environmental Resources that an initial […]

547 A.2d 491 Ann Moltz, Petitioner v. Workmen’s Compensation Appeal Board (McDonald’s Corporation), Respondents. Commonwealth Court of Pennsylvania. September 12, 1988. Workers’ compensation — Petition to set aside final receipt — Burden of proof — Present disability — Petition to suspend or modify. 1. A workers’ compensation claimant seeking to set aside a final receipt […]

WESTMORELAND INTERMEDIATE UNIT # 7, Appellant v. WESTMORELAND INTERMEDIATE UNIT #7 CLASSROOM ASSISTANTS EDUCATIONAL SUPPORT PERSONNEL ASSOCIATION, PSEANEA. No. 1746 C.D. 2008.Commonwealth Court of Pennsylvania. Argued May 4, 2009. Decided July 8, 2009. Appeal from the Supreme Court, No. 51 WAP 2005, reversed and remanded, 595 Pa. 648, 939 A.2d 855. On remand, the Court […]

552 A.2d 741 Jonathan G. King and Sarah S. King, Appellants v. Township of Leacock, Appellee. Commonwealth Court of Pennsylvania.Argued November 3, 1988. January 10, 1989. Public nuisance — Scope of appellate review — Pennsylvania Rule of Civil Procedure 1511(a) — Default judgment — Demolition. 1. In an equity action involving the abatement of a […]

541 A.2d 401 Gumberg Associates-Chapel Square, a Pennsylvania limited partnership, Petitioner v. Commonwealth of Pennsylvania, Respondent. Commonwealth Court of Pennsylvania.Argued March 21, 1988. May 6, 1988. Taxation — Realty transfer tax — Realty Transfer Tax Act, Act of May 5, 1981, P.L. 36 — Mortgage exemption — Operation of law — Time of valuation. 1. […]

394 A.2d 1335 Atlantic Inland, Inc. v. Township of Bensalem and Board of Supervisors of the Township of Bensalem, Appellants. Commonwealth Court of Pennsylvania.Argued September 25, 1978 December 12, 1978. Equity — Moot questions — Repeal of challenged ordinance — Damages — Preliminary injunction — Scope of appellate review — Reasonable grounds for action. 1. […]

504 A.2d 971 Leslie N. Reizes, Appellant v. H. E. Weller, Tax Collector Athens Borough and Athens Area School District, Appellee. Leslie N. Reizes, Appellant v. H. E. Weller, Tax Collector Athens Borough and Athens Area School District, Appellee. Commonwealth Court of Pennsylvania.Argued November 15, 1985 February 11, 1986. Taxation — Occupation tax — The […]

521 A.2d 105 Columbia Gas of Pennsylvania, Inc., Petitioner v. Pennsylvania Public Utility Commission, Respondent. Pennsylvania Gas Association, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Equitable Gas Company, a division of Equitable Resources, Inc., Petitioner v. Pennsylvania Public Utility Commission, Respondent. The Peoples Natural Gas Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court […]

583 A.2d 65 James J. CHARLEY, Jr. et al., Petitioners, v. PENNSYLVANIA LABOR RELATIONS BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1990. Decided November 30, 1990. Appeal from the Labor Relations Board, No. PF-D-89-112-E (PF-R-113-E). Page 412 Bryan Gaster, with him, Walter T. ReDavid, ReDavid Caranci, Springfield, for petitioners. John B. Neurohr, Harrisburg, for […]

337 A.2d 293 Hazel D. Boob, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued December 5, 1974 May 1, 1975. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Transportation inconvenience — […]

654 A.2d 256 Rolf LARSEN, Appellant, The ZONING BOARD OF ADJUSTMENT of the CITY OF PITTSBURGH, ALLEGHENY COUNTY, Pennsylvania v. Michael and Theresa NUZZO. Commonwealth Court of Pennsylvania.Submitted on Briefs: September 23, 1994. Decided: January 31, 1995. Petition for Allowance of Appeal Granted May 19, 1995. Appeal from Court of Common Pleas, Allegheny County, No. […]

782 A.2d 15 Richard Kasha, Petitioner v. Department of Transportation, Respondent. No. 2311 C. D. 2000.Commonwealth Court of Pennsylvania.Argued: May 8, 2001. Filed: August 2, 2001. Page 16 Before: Honorable Doris A. Smith, Judge; Honorable Bonnie Brigance Leadbetter, Judge; Honorable Charles P. Mirarchi, Jr., Senior Judge. OPINION SENIOR JUDGE MIRARCHI Richard Kasha appeals from a […]

ECKENRODE v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF PITTSBURGH. No. 792CD04.Commonwealth Court of Pennsylvania. August 31, 2004. Appeal from the Allegheny County S.A. 03-000747. Decisions without published opinions. Affirmed.

539 A.2d 956 Thomas E. Mills, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. April 7, 1988. Unemployment compensation — Criminal conviction — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Effect of misconduct on […]

407 A.2d 100 Pechner, Dorfman, Wolffe, Rounick Cabot, Petitioners v. Insurance Department ex rel. William J. Sheppard, Insurance Commissioner et al., Respondents. Commonwealth Court of Pennsylvania.Argued June 6, 1978 October 26, 1979. Equity — Accounting — Independent suit for recovery of attorney’s fees — Class action. 1. A law firm may not independently seek an […]