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Pennsylvania

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POM of Pennsylvania v. Department of Revenue — Pennsylvania Supreme Court Holds Skill Game Devices Are Slot Machines Requiring Gaming Act Licensing

The Pennsylvania Supreme Court reversed the Commonwealth Court and held that “skill game” devices—electronic gaming terminals marketed as legal skill-based alternatives to slot machines—are “slot machines” under the Gaming Act and prohibited “gambling devices” under the Crimes Code, with a 120-day stay giving operators time to adjust before enforcement resumes.

Commonwealth Court of Pennsylvania
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Carlino East Brandywine v. East Brandywine Twp. — Collateral Estoppel Cannot Rest on a Prior Dismissal for Lack of Standing

The Commonwealth Court vacated a permanent injunction granted in a decade-long Chester County land development dispute, holding that the trial court wrongly applied collateral estoppel: because the prior declaratory judgment action was dismissed for lack of standing, the issues were never actually litigated, and the identity-of-issues element was independently unsatisfied because the prior case turned on the Prevailing Wage Act while the injunction proceeding did not.

Commonwealth Court of Pennsylvania
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Overbrook Golf Club v. Radnor Township — Nonprofit Member-Owned Clubs Are Not Businesses Subject to the Local Business Privilege Tax

The Commonwealth Court held that nonprofit, member-owned golf clubs are not “businesses” subject to a local business privilege tax on membership dues and assessments, because the clubs do not operate for profit and their members do not receive commercially taxable “services” — rejecting Radnor Township’s reliance on Fish v. Township of Lower Merion.

Commonwealth Court of Pennsylvania
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Dieffenbach v. Rose Tree Media SD — RETSL Exceptions Cannot Challenge Constitutionality of the Tax Itself

The Commonwealth Court held that Pennsylvania’s Real Estate Tax Sale Law exceptions procedure does not permit constitutional challenges to the validity of a tax levy, affirming dismissal of a pro se taxpayer’s Uniformity Clause attack on Delaware County school taxes as beyond the scope of the RETSL exceptions process.

Commonwealth Court of Pennsylvania
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Noto v. Luzerne County — Right-to-Know Law Permits Market-Value Fees for Complex County Data Sets

The Commonwealth Court of Pennsylvania, sitting en banc, upheld Luzerne County’s $10,100 fee for bulk CAMA property assessment data, holding that Pennsylvania’s Right-to-Know Law permits market-value-based fees for complex data sets — not merely the cost of duplication — and that coordinating pricing information across counties does not constitute bad faith.

Commonwealth Court of Pennsylvania
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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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Paul v. PSP — Court vacates OOR dismissal but affirms denial of RTKL request under noncriminal investigation exemption

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.

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Spallone v. PSP — Commonwealth Court holds Whistleblower Law claims against state agencies belong in its original jurisdiction

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.

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Fick v. Bivens — Court declares simple assault is not a disqualifying offense for Act 235 lethal-weapons certification

In a published opinion, the Commonwealth Court declares that simple assault is not a crime of violence under Act 235 and that PSP exceeded its statutory authority by creating a regulatory catch-all allowing denial of lethal-weapons certification for “any other crime” beyond the enumerated crimes of violence.

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