Laskaris v. Hice was a case of prisoner litigation. Such matters often do not end in the inmate’s favor. Here, in 2011, Laskaris received a Misconduct. After he was found guilty at the Misconduct hearing, Laskaris timely filed an appeal to the Program Review Committee. In 2014, when his grievance appeals were exhausted, Laskaris filed … Read more
In Bashinsky v. Unemployment Comp. Bd. of Rev., Claimant sought review of an adjudication of the Unemployment Compensation Board of Review (Board), which affirmed the Referee’s decision to dismiss Claimant’s appeal as untimely under Section 501(e) of the Unemployment Compensation Law, 43 P.S. § 821(e). The Pennsylvania Commonwealth Court reversed. The issue was whether the … Read more
In 2019, Requesters filed a Right to Know Law (RTKL) request with the Office of General Counsel (OGC), seeking any “applications submitted to OGC for one vacancy on the Commonwealth Court”. OGC denied the request, and Requesters appealed to the Office of Open Records (OOR), which granted the appeal, in part, and denied it, in … Read more
In 2017, Cease applied for Section 8 housing, disclosing that she used medical marijuana and including a copy of her Pennsylvania Medical Marijuana Identification Card. The Indiana Co. Housing Authority (“Authority”) denied her application because the federal government considers marijuana to be an illegal substance. She appealed, and the trial court affirmed the Authority. She … Read more
In PA Dep’t of Rev. v. Wagman, the Commonwealth Court reviewed the Office of Open Records order granting a news reporter access to certain tax records under Pennsylvania’s Right-to-Know Law. The reporter requested the Department of Revenue records of cumulative totals of taxes generated by businesses within a certain business district in Allentown. The request was … Read more
In Southpointe Golf Club, Inc. v. Bd. of Supervisors of Cecil Twp., the golf club appealed the lower court’s denial of the club’s challenge to a local zoning ordinance. The Commonwealth Court reversed. The ordinance allowed consent from 100% of adjoining property owners – consent any owner may revoke at any time – to trigger … Read more
In Naborn v. Unemp. Comp. Bd. of Rev., the Commonwealth Court affirmed the Board of Review’s order that, in turn, affirmed the Referee’s order denying the claimant’s request to backdate his unemployment compensation under 43 P.S. § 801(c). The claimant had filed a prior unemployment claim within the previous year, but he filed a second … Read more
In Marshall v. East Bradford Twp. Bd. of Supervisors, the plaintiff landowners appealed the order of the trial court that denied their conditional use application for a bed and breakfast (B&B). The order affirmed the Board of Supervisors of East Bradford Township (“Supervisors”) that the proposal to use a barn for special events at the … Read more
In the consolidated appeals of Clean Air Council v. PA Dep’t Envtl. Prot., the parties sought review of the orders of the Environmental Hearing Board (EHB) denying the parties’ fee applications filed pursuant to provisions of The Clean Streams Law. The Commonwealth Court quashed the Department of Environmental Protection’s (DEP) appeal and then affirmed the … Read more
In Lancaster Co. District Atty’s Office v. Walker, the prosecuting office denied a media request under Pennsylvania’s Right-to-Know Law for records of the distribution of items seized through the Controlled Substance Forfeiture Act. On appeal, the Office of Open Records reversed. The District Attorney’s Office appealed to the Court of Common Pleas but also partially … Read more