PennDOT took about one acre of land from a property that had a Best Western hotel on it and also took another acre to use during construction to build a new interstate exit ramp. A jury trial ensued over the property's valuation. The evidence established that the property value decreased…
PennDOT took about one acre of land from a property that had a Best Western hotel on it and also took another acre to use during construction to build a new interstate exit ramp. A jury trial ensued over the property’s valuation. The evidence established that the property value decreased after the taking due to… Continue reading In re Condemnation by Pa., Dep’t of Transp. of Right-of-Way for State Route 00700, Section 21H, in Bentleyville
The Pennsylvania Commonwealth Court re-affirmed the holding that the Prison Rape Elimination Act (PREA) does not provide a private right of action. Winton sought relief concerning the Department of Corrections’ handling of his allegations that another inmate sexually abused him. In joint Preliminary Objections, the Department and the Attorney General asserted that any determination the… Continue reading Winton v. Pa. DOC
If you don’t want to hire Sullivan | Simon for your ghostwriting needs (you do), maybe you should employ Christopher Toland instead. Mr. Toland did a heck of a job pro se raising a claim in the Pennsylvania Commonwealth Court of an ex post facto violation by the Board of Probation and Parole. Mr. Toland… Continue reading Toland v. Pa. Bd. of Prob. and Parole
The Pennsylvania Commonwealth Court reviewed a denial of unemployment benefits. Claimant applied for benefits, stating that he quit his job because a coworker verbally threatened him, and Employer did not resolve the issue. After a hearing, the Referee denied benefits. The Referee concluded that Claimant failed to prove that he had a necessitous and compelling… Continue reading Hohl v. Unemployment Comp. Rev. Bd.
How much can the government tax amusement? According to the Pennsylvania Commonwealth Court: As much as it wants to. Well, perhaps not quite that extreme. But the Court ruled that a municipality may tax an amusement park more than 5% under 53 Pa.C.S. § 8402(c)(2) as long as the tax rate is equal to or… Continue reading Rausch Creek Off-Road Park, LLC v. Tremont Twp.
The Pennsylvania Commonwealth Court held that purchasers of a property at a tax sale were not indispensable parties to a later proceeding to set aside the tax sale of the property. The Lehigh County Tax Claim Bureau conducted an upset tax sale of properties, including one where Owner resided. Purchasers successfully bid on the property.… Continue reading In re Lehigh Co. Tax Claim Bureau Upset Sale of September 19, 2018
Tighten your safety belts and keep your hands in the car because this opinion is a wild ride involving municipal law and statutory interpretation. In these consolidated appeals, the City of Chester and Aqua Pennsylvania, Inc. appealed from the trial court’s orders, which denied the motions for judgment on the pleadings filed by the City… Continue reading In re Chester Water Auth. Trust
The Pennsylvania Commonwealth Court squeezed in two crucial holdings regarding driver’s license suspensions resulting from DUI convictions. Vellon was arrested for DUI and was accepted into ARD. But he violated the terms of ARD by picking up another DUI arrest. He was kicked out of ARD and subsequently pled to both charges. He was sentenced… Continue reading Vellon v. Dep’t of Transp., Bureau of Driver Licensing
The Pennsylvania Commonwealth Court reviewed an Unemployment Compensation Board of Review order that denied the claimant unemployment compensation under Section 402(b) of the Unemployment Compensation Law. That provision generally prohibits payment to individuals who leave work without cause of a necessitous and compelling nature. The claimant was a school janitor and had an altercation with… Continue reading Smith v. Unemployment Comp. Bd. of Rev.
An en banc panel of the Pennsylvania Commonwealth Court heard an appeal from an order of the Court of Common Pleas granting summary judgment in favor of the defendant. The defendants were contractors who completed improvements to Oil City public library’s exterior steps. Soon after completion of the project, the steps began to deteriorate. The… Continue reading Brown v. City of Oil City