In re $300,000

Litigators: Read this Pennsylvania Commonwealth Court opinion involving return of property actions. In connection with a return of property action brought under Pa.R.Crim.P. 588 after the police seized his property during a traffic stop, Mr. Xu filed a motion to suppress. The Commonwealth opposed the suppression motion, maintaining that he could not bring a stand-alone … Read more

Mountz v. Columbia Borough

The Pennsylvania Commonwealth Court revisited the Right-to-Know laws. The requestor sought an environmental report conducted at a municipality’s request shortly after that municipality contracted to acquire a tract of land. The municipality voided the contract once it received the final reports. The Court agreed with the Office of Open Records that environmental reviews for potential … Read more

Dockery v. Wolf

The Pennsylvania Commonwealth Court, acting in its original jurisdiction, granted Governor Tom Wolf’s preliminary objections because the Court lacked subject matter to jurisdiction to review a claim that the second-degree murder penalty statute the plaintiff was sentenced under was unconstitutional. The Court found that the claim should be brought in the Court of Common Pleas … Read more

In re Penn Treaty Network America Ins. Co. (In Liquidation)

The Pennsylvania Insurance Commissioner, in her capacity as Statutory Liquidator of Penn Treaty Network America Insurance Company and American Network Insurance Company (together, the Companies), applied to the Pennsylvania Commonwealth Court for a declaration that she was authorized under Article V of The Insurance Department Act of 1921 to allocate assets from the Companies’ estates … Read more

GM Berkshire Hills LLC v. Berks Co. Bd. of Assessment

A school district designed a formula for properties within its catchment to determine if the district should appeal a particular property’s assessed value. Using that calculation, the district determined that two properties were assessed at a fraction of their actual value and appealed those values. The Court of Common Pleas agreed and increased the assessment. … Read more

N.T. v. Dep’t of Educ.

Petitioner sought review of the order that determined Petitioner committed a crime of moral turpitude and directed the Department of Education (Department) to revoke Petitioner’s teaching certificate and eligibility to be employed as an educator. The Pennsylvania Commonwealth Court affirmed. The Court dealt with an issue of first impression: To what extent the Professional Standards … Read more

In re Powell

The Commonwealth Court reviewed an order of the Court of Common Pleas that overruled a property owner’s preliminary objections in a condemnation action. The primary issues were whether a municipal authority had the power to condemn the property to install electric transmission lines and whether the municipal agency adequately described the property sought to be … Read more

2800 N. Broad St., LLC v. Pa. Dep’t of Transp.

The Department of Transportation appealed from an order overruling its preliminary objections to the petition for the appointment of a board of viewers filed by 2800 N. Broad Street, LLC (Condemnee) under 26 Pa.C.S. § 502. The Pennsylvania Commonwealth Court reversed and remanded with directions to grant Condemnee’s request for the appointment of a board … Read more

Stewart v. Workers’ Comp. Appeal Bd. (Stewart)

The Pennsylvania Commonwealth Court reversed an order of the Workers’ Compensation Appeal Board that denied the claimant’s petition seeking compensation after he fell from a shuttle, which took him from the train station to the building where he worked. The Commonwealth Court found that the claimant was acting within the course and scope of his … Read more