The Eleventh District dismissed a mandamus petition challenging a city’s billboard moratorium, holding that the relator failed to name the building administrator (the individual with the duty to act) and that the city building department, as a non-sui juris entity, could not be a mandamus respondent.
The First District affirms dismissal of a collateral attack on 2007 administrative paternity and support orders, holding the petitioner failed to prove the Department lacked jurisdiction.
The Fourth District holds that the 2023 Statewide Siting Act does not strip counties of discretion over solar energy facility siting, affirming dismissal of solar developers’ mandamus claims against Winnebago County.
The First DCA set aside the Department of Health’s denial of operating permits for a float tank therapy business, finding the Department improperly relied on an unadopted rule — the ‘2020 Float Tank Code’ — and failed to adequately explain its rejection of the ALJ’s findings.
The First DCA affirmed summary judgment against a pari-mutuel permitholder challenging the constitutionality of a 2021 statutory provision requiring permit revocation from permitholders that had not operated in the previous fiscal year, rejecting due process, equal protection, and takings arguments.
The Fourth DCA reversed a declaratory judgment holding that section 286.011(1), Florida’s Sunshine Law, requires labor arbitration hearings between a public employer and a police union to be open to the public, finding the statute applies only to meetings of collegial public bodies.
The Commonwealth Court vacated a PUC declaratory order that assigned Conrail responsibility for Delair Bridge drainage maintenance over I-95, holding that the 1966 PUC order’s plain text assigned that duty to PennDOT and that the PUC’s Oxford comma-based reasoning was clearly erroneous.
The Commonwealth Court vacated the UCBR’s denial of benefits, holding that wages from a prior denied unemployment claim cannot be precluded from a subsequent eligibility determination because the wage-preclusion rule applies only when prior benefits were actually awarded.
In a precedential opinion, the Commonwealth Court vacated the OOR’s procedural dismissal of a RTKL appeal, exercised de novo review rather than remanding, and affirmed the PSP’s denial of records relating to a noncriminal death investigation, holding that the noncriminal investigation exemption applied.
In an en banc published opinion, the Commonwealth Court holds that Whistleblower Law claims against Commonwealth agencies fall within its exclusive original jurisdiction and are not subject to the Section 761(a)(1)(v) exception for tort-like actions, resolving the question with binding precedent for the first time.