Appellate Procedure Cases
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Appellate Procedure

Commonwealth Court of Pennsylvania
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Bozek v. Atlantic Wind — Internet Discovery of Wind Turbine Construction Did Not Toll MPC’s 30-Day Land Use Appeal Deadline

The Commonwealth Court affirmed the quashing of a land use appeal challenging a Fayette County wind power facility development plan, holding that the MPC’s 30-day appeal period ran from the date of the written approval decision — not from the objector’s internet discovery that construction had begun — and that the due process exception to the time limit must be affirmatively pleaded in the appeal.

Commonwealth Court of Pennsylvania
Uncategorized

Niculcea v. Susquehanna Valley NRC (WCAB) — Substantial Evidence Supports WCJ Credibility Determination; Capricious Disregard Standard Applied to Pro Se Workers’ Comp Appeal

The Commonwealth Court affirmed denial of workers’ compensation benefits to a pro se claimant, holding that substantial evidence supported the WCJ’s credibility determinations and that rejecting a claimant’s medical evidence is not capricious disregard — and rejecting the employer’s motion to quash under the post-2014 version of Pa.R.A.P. 1513.

Commonwealth Court of Pennsylvania
Uncategorized

Wilkins v. Pennsylvania Office of Attorney General — OOR Lacks Jurisdiction Over RTKL Appeals from OAG Denials

The Commonwealth Court of Pennsylvania affirmed the dismissal of a Right-to-Know Law appeal from an OAG denial, holding that the Office of Open Records has no jurisdiction over such appeals because Section 503(d)(1) of the RTKL expressly requires the Attorney General to designate its own appeals officer, a jurisdictional carve-out analogous to the one applicable to judicial agencies.

Commonwealth Court of Pennsylvania
Uncategorized

Kapish v. Bureau of Driver Licensing — Ten-Year Court-Caused Delay in License Suspension Hearing Mandates Reversal Under Middaugh Due Process Test

The Commonwealth Court of Pennsylvania reversed the denial of a license suspension appeal, holding that Court Administration’s ten-year failure to schedule a hearing — despite repeated court orders to do so — constituted an extraordinary government-caused delay that violated the licensee’s due process rights under the Middaugh framework and mandated dismissal of the suspension.

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