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Weekly Caselaw Updates

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Office of General Counsel v. Bumsted

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…

Office of General Counsel v. Bumsted
Pennsylvania Commonwealth Court

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… Continue reading Office of General Counsel v. Bumsted

Cease v. Hous. Auth. of Indiana Co.
Pennsylvania Commonwealth Court

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… Continue reading Cease v. Hous. Auth. of Indiana Co.

PA Dep’t of Rev. v. Wagman
Pennsylvania Commonwealth Court

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… Continue reading PA Dep’t of Rev. v. Wagman

Southpointe Golf Club, Inc. v. Bd. of Supervisors of Cecil Twp.
Pennsylvania Commonwealth Court

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… Continue reading Southpointe Golf Club, Inc. v. Bd. of Supervisors of Cecil Twp.

Naborn v. Unemp. Comp. Bd. of Rev.
Pennsylvania Commonwealth Court

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… Continue reading Naborn v. Unemp. Comp. Bd. of Rev.

Marshall v. East Bradford Twp. Bd. of Supervisors
Pennsylvania Commonwealth Court

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… Continue reading Marshall v. East Bradford Twp. Bd. of Supervisors

Clean Air Council v. PA Dep’t Envtl. Prot.
Pennsylvania Commonwealth Court

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… Continue reading Clean Air Council v. PA Dep’t Envtl. Prot.

Lancaster Co. District Atty’s Office v. Walker
Pennsylvania Commonwealth Court

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… Continue reading Lancaster Co. District Atty’s Office v. Walker

Romutis v. Borough of Ellwood City
Pennsylvania Commonwealth Court

In Romutis v. Borough of Ellwood City, Romutis appealed from the trial court’s order that granted summary judgment in favor of the Borough and against Romutis, who served as police chief of the Borough, as to his breach of contract and termination in violation of public policy claims. The Commonwealth Court affirmed, holding that the… Continue reading Romutis v. Borough of Ellwood City