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By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
An agreement reached through a series of letters regarding individual billings to mobile home park tenants for sewer charges was binding on the township. Owners of the park were secondarily liable if the individual tenants failed to make payment.
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By thelegalintelligencer | The Legal Intelligencer | August 4, 2017
Trial court properly found that a de facto condemnation occurred and granted landowner's petition for appointment of a board of viewers because the manner in which sewer authority chose to operate its system caused repeated flooding of sewage into landowner's house and property where authority designed its manholes so that sewage exited at a slower rate than it entered, was well aware of the likelihood of an overflow and took no steps to remedy the structural defect. Affirmed.
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By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Trial court properly denied condemnees' preliminary objections to pipeline company's declaration of taking because the court had decided that company had a CPC, company was a public utility regulated by the PUC and was authorized to exercise eminent domain and condemnees' notice argument failed because notice was provided to the only party tasked with warranting and defending the alleged and unrecorded bridle path easement. Affirmed.
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By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
PUC properly held that it had no authority over the transfer of "partial rights" to operate a taxi in Philadelphia because the Philadelphia Parking Authority had complete authority over taxi companies providing service within the city and had exclusive authority to grant, deny or impose conditions on the transfer of the portion of operational rights within the city. Affirmed.
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By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Claim for refund of sewage fees was not barred by property owner's failure to comply with statute of notification in Refund Act, but claim failed because such fees were authorized by the Municipality Authorities Act. Summary judgment affirmed.
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By thelegalintelligencer | The Legal Intelligencer | July 21, 2017
Commonwealth court erred in finding that appellant failed to establish a claim under the utility exception to the tort claims act because, under the exception, the focus had to be on whether the injuries alleged were caused by a dangerous condition which had its source in the local agency's utility service facility. Reversed.
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By Max Mitchell | July 14, 2017
Pennsylvania landowners who have been fighting with Sunoco over the Mariner East 2 pipeline project have so far been unsuccessful in their attempts to bar the energy giant from using their land for the natural gas pipeline. Over the past year, they have seen a handful of unfavorable decisions from the Commonwealth Court, but with cases potentially on their way to the state Supreme Court and a recent pronouncement on environmental law by the justices, plaintiffs are hoping the litigation won't be over so quickly.
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By R. Robin McDonald | June 30, 2017
When attorneys sued Georgia's electric power cooperatives on behalf of millions of current and former power customer members, they claimed the cooperatives, known as electric membership corporations, for decades had withheld as much as $2 billion in profits that should have, by law, been distributed regularly to their members.
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By thelegalintelligencer | The Legal Intelligencer | June 30, 2017
PUC properly imposed a civil penalty on petitioner alternative energy supplier for its intentional overbilling of 5,000 customers for four months and properly calculated the penalty on a "per invoice" method because the penalty was not disproportionate due to the intentional conduct by petitioner's executives, petitioner did not mitigate and only made refunds to customers who complained and PUC properly applied the factors in determining the penalty. Affirmed.
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By therecorder | The Recorder | June 29, 2017
Cal.Sup.Ct.; S225589 The California Supreme Court affirmed in part and reversed in part a judgment and remanded. The court held that the legality of…
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