may consider factors (Pennsylvania) · Go Syfert
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may consider factors in Pennsylvania

13 Pennsylvania opinions name it 4 courts 1987–2024 2 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Hendrickson v. State Bd. of Medicinegreen
pacommwct · 1987 · cited in 2 Pennsylvania opinions naming this issue, 1989–1991
2 sentences

1991The lower court’s authority for this determination was Hendrickson v. State Board of Medicine, 108 Pa. Commwlth.Ct. 124, 130, 529 A.2d 78, 81 (1987), which stated: This court may consider a claim of abuse of discretion by an administrative agency and may modify the order if the penalty is unduly harsh____ In doing so, we are limited to determining whether the penalty is reasonable in light of the violation. 124 Pa.Cmwlth. at 484 , 556 A.2d at 526 .

1989In doing so, we are limited to determining whether the penalty is reasonable in light of the violation.” Hendrickson v. State Board of Medicine, 108 Pa. Commonwealth Ct. 124, 130 , 529 A.2d 78, 81 (1987) (citation omitted).

22
Commonwealth v. Simpsongreen
pasuperct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022Commonwealth v. Simpson, 829 A.2d 334, 339 (Pa. Super. 2003) (emphasis added) (stating that, a trial court may consider factors already included in the guidelines if “they are used to supplement other extraneous sentencing information”).

11
Commonwealth v. Robertsgreen
pasuperct · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020See Roberts, supra. Trooper Fachet commented upon the significant quantity of cocaine found in the toilet bowl, the way in which it was packaged, and the paraphernalia located in the kitchen as evincing an intent to sell the drugs.

11
Fessler v. Watchtower Bible & Tract Society of New York, Inc.green
pasuperct · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Fessler v. Watchtower Bible & Tract Soc'y of New York, Inc., 131 A.3d 44, 52 (Pa. Super. 2015); Hoose v. Jefferson Home Health Care, Inc., 754 A.2d 1, 4 (Pa. Super. 2000). -8- J-S71032-18 As to the timing of a petition to transfer venue, “Rule 1006(d) imposes no time limit upon a party who seeks to transfer venue[.]” Wood v. E.I. du Pont de Nemours & Co., 829 A.2d 707, 710 (Pa. Super. 2003) (en banc) (internal quotation marks and citation omitted).

11
Wood v. EI Du Pont De Nemours and Co.green
pasuperct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Fessler v. Watchtower Bible & Tract Soc'y of New York, Inc., 131 A.3d 44, 52 (Pa. Super. 2015); Hoose v. Jefferson Home Health Care, Inc., 754 A.2d 1, 4 (Pa. Super. 2000). -8- J-S71032-18 As to the timing of a petition to transfer venue, “Rule 1006(d) imposes no time limit upon a party who seeks to transfer venue[.]” Wood v. E.I. du Pont de Nemours & Co., 829 A.2d 707, 710 (Pa. Super. 2003) (en banc) (internal quotation marks and citation omitted).

11
Hoose v. Jefferson Home Health Care, Inc.green
pasuperct · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Fessler v. Watchtower Bible & Tract Soc'y of New York, Inc., 131 A.3d 44, 52 (Pa. Super. 2015); Hoose v. Jefferson Home Health Care, Inc., 754 A.2d 1, 4 (Pa. Super. 2000). -8- J-S71032-18 As to the timing of a petition to transfer venue, “Rule 1006(d) imposes no time limit upon a party who seeks to transfer venue[.]” Wood v. E.I. du Pont de Nemours & Co., 829 A.2d 707, 710 (Pa. Super. 2003) (en banc) (internal quotation marks and citation omitted).

11
Hertzberg v. Zoning Board of Adjustmentgreen
pa · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017To prove unnecessary hardship in a dimensional variance case, the court may consider factors “including the economic detriment to the applicant if the variance was denied, the financial hardship created by any work necessary to bring the [property] into strict compliance with the zoning requirements and the characteristics of the surrounding neighborhood.”5 Hertzberg v. Zoning Bd. of Adjustment of City of Pittsburgh, 721 A.2d 43, 50 (Pa. 1998).

11
Ken-Med Associates v. Board of Township Supervisorsgreen
pacommwct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017However, even in a dimensional variance case, a variance is not warranted where the hardship is related to the landowner’s desired use of the land, rather than the land itself, Yeager v. Zoning Hearing Board of City of Allentown, 779 A.2d 595, 598 (Pa. Cmwlth. 2001), or the hardship is self-inflicted, Ken-Med Associates v. Board of Township Supervisors of Kennedy Township, 900 A.2d 460, 466 (Pa. Cmwlth. 2006).

11
Yeager v. Zoning Hearing Boardgreen
pacommwct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017However, even in a dimensional variance case, a variance is not warranted where the hardship is related to the landowner’s desired use of the land, rather than the land itself, Yeager v. Zoning Hearing Board of City of Allentown, 779 A.2d 595, 598 (Pa. Cmwlth. 2001), or the hardship is self-inflicted, Ken-Med Associates v. Board of Township Supervisors of Kennedy Township, 900 A.2d 460, 466 (Pa. Cmwlth. 2006).

11
Nuttall v. Nuttallgreen
pa · 1989 · cited in 1 Pennsylvania opinions naming this issue, 2006–2006
2 sentences

2006See Nuttall v. Nuttall, 386 Pa. Super. 148, 162-63 , 562 A.2d 841, 848 (1989).

2006See Nuttall v. Nuttall, 386 Pa. Super. 148, 162-63 , 562 A.2d 841, 848 (1989).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Kobylski v. COM., MILK MKT. BOARD green
pacommwct · 1986
2 sentences

1987Kobylski v. Milk Marketing Board, 101 Pa. Commonwealth Ct. 155 , 516 A.2d 75 (1986).

1987Kobylski v. Milk Marketing Board, 101 Pa. Commonwealth Ct. 155 , 516 A.2d 75 (1986).

21987–1987
Commonwealth v. Halstead green
pacommwct · 2013
1 sentence

2024Id. at 1247 .

12024–2024
Commonwealth v. Berry green
pasuperct · 2005
1 sentence

2016Id.

12016–2016
Commonwealth v. Coaxum green
pa · 2012
1 sentence

2016Baldwin. 58 A.3d at 763 -64.

12016–2016
Commonwealth v. Ratsamy green
pa · 2007
1 sentence

2014Ratsamy, 934 A.2d at 1237 1238.

12014–2014
Slawek v. Commonwealth green
pacommwct · 1989
2 sentences

1991The lower court’s authority for this determination was Hendrickson v. State Board of Medicine, 108 Pa. Commwlth.Ct. 124, 130, 529 A.2d 78, 81 (1987), which stated: This court may consider a claim of abuse of discretion by an administrative agency and may modify the order if the penalty is unduly harsh____ In doing so, we are limited to determining whether the penalty is reasonable in light of the violation. 124 Pa.Cmwlth. at 484 , 556 A.2d at 526 .

1991The lower court’s authority for this determination was Hendrickson v. State Board of Medicine, 108 Pa. Commwlth.Ct. 124, 130, 529 A.2d 78, 81 (1987), which stated: This court may consider a claim of abuse of discretion by an administrative agency and may modify the order if the penalty is unduly harsh____ In doing so, we are limited to determining whether the penalty is reasonable in light of the violation. 124 Pa.Cmwlth. at 484 , 556 A.2d at 526 .

11991–1991

Where else courts name it

IN 59 (1981–2025) MI 47 (1985–2025) TX 45 (1984–2025) CA 45 (1965–2026) NY 41 (1977–2026) OH 27 (1998–2025) IL 20 (1977–2024) AL 20 (1984–2025) PA 13 (1987–2024) VA 13 (2003–2025) LA 13 (1989–2021) CO 12 (2003–2025) CT 11 (1981–2024) MO 11 (1975–2021) NE 11 (1988–2025) WI 10 (1992–2026) FL 8 (1989–2023) OR 7 (1992–2018) WA 7 (1913–2023) OK 7 (1993–2017) AR 6 (1980–2025) ID 6 (1984–2023) AZ 5 (2009–2017) NH 5 (1979–2022) NJ 5 (2012–2026) MN 4 (1993–2000) ME 4 (2015–2025) DC 4 (1999–2024) MS 4 (1986–2022) KS 3 (2011–2021) NM 3 (2010–2024) GA 3 (1920–2021) DE 3 (2015–2015) MA 2 (1994–2019) AK 2 (1997–2015) ND 2 (1980–1986) TN 2 (2015–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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