HMS Legal Blog

Taking an Appeal in PA? 10 Waiver Traps to Avoid


Pennsylvania’s appellate rules and the ever-evolving case law interpreting them can make it a challenge to even get to the merits of an appeal.  Don’t get caught on the wrong side of a waiver trap. Some reminders:

Continue reading
  23443 Hits

PUC Divested Of Remaining Marcellus Zoning Duties


In Robinson Township v. Commonwealth, 83 A.3d 901(Pa. 2013) the Pennsylvania Supreme Court invalidated key provisions of Act 13, the statute that removed from local zoning control the power to regulate oil and gas operations through restrictions on the placement and operation of  oil and gas facilities.  The Court remanded to the Commonwealth Court to consider whether other provisions of Act 13, including provisions that give the PUC power to review local zoning ordinances and withhold impact fees, remain viable.

Continue reading
  13463 Hits

Commonwealth Court OKs Nonmonetary Contract Claims Against Commonwealth in Casino Central Computer RFP Dispute

In a case arising from the award of the contract for the Gaming Board/Department of Revenue’s Central Computer Control System that monitors transactions in slot machines in Pennsylvania’s casinos, the Commonwealth Court has ruled that a claim based on a contract that seeks relief that is nonmonetary in nature (i.e., for declaratory relief and specific performance) can proceed directly in the Commonwealth Court.  Scientific Games International, Inc. v. Commonwealth, __ A. 3d __ (380 M.D. 2011, filed Nov. 30, 2011).

Continue reading
  22158 Hits