local agency hearing in Pennsylvania

2023See also Flaxman v. Burnett, 574 A.2d 1061, 1065 (Pa. Super. 1990) (concluding that the Authority is a local agency).

2017The local agency exception for real property language of “care, custody or control” is different from the language in the sovereign immunity exception that waives immunity for “dangerous conditions of real property.” Notwithstanding the difference in language, under both exceptions, the test originally employed to determine whether an action was maintainable was dependent on “a legal determination that an injury was caused by a condition of government realty itself, deriving, originating from, or having the realty as its source, and, only then, the factual determination that the condition was

2017The local agency exception for real property language of “care, custody or control” is different from the language in the sovereign immunity exception that waives immunity for “dangerous conditions of real property.” Notwithstanding the difference in language, under both exceptions, the test originally employed to determine whether an action was maintainable was dependent on “a legal determination that an injury was caused by a condition of government realty itself, deriving, originating from, or having the realty as its source, and, only then, the factual determination that the condition was

2003See Gloffke v. Robinson, 812 A.2d 728, 732 (Pa. Commw. 2002).

2000See also Murphy v. Commonwealth, Department of Transportation, 733 A.2d 688 (Pa.Cmwlth.1999) (“on”/”of ’ distinction continues to apply to claims under Section 8522(b)(4)); Tallada v. East Stroudsburg University of Pennsylvania, 724 A.2d 427 (Pa.Cmwlth.1999) (state university immune from liability under Section 8522(b)(4) where plaintiff alleged she fell while working in dining facility due to contents of kettle that leaked onto floor).

1998The Sanchez court reviewed numerous definitions, federal cases and Pennsylvania cases, in particular Modern Shoppers World v. Philadelphia Gas Works, 164 Pa.Cmwlth. 257 , 643 A.2d 136, 138 (1994), petition for allowance of appeal denied, 539 Pa. 683 , 652 A.2d 1327 (1994), wherein the court stated that “[f]or purposes of tort immunity, an ‘agency of a local government’ is one that has no independent legal existence, but is merely part of the organizational structure of that government or authority.” In both Modem Shoppers and Sanchez, the courts held that despite being subject to various gover

1998The Sanchez court reviewed numerous definitions, federal cases and Pennsylvania cases, in particular Modern Shoppers World v. Philadelphia Gas Works, 164 Pa.Cmwlth. 257 , 643 A.2d 136, 138 (1994), petition for allowance of appeal denied, 539 Pa. 683 , 652 A.2d 1327 (1994), wherein the court stated that “[f]or purposes of tort immunity, an ‘agency of a local government’ is one that has no independent legal existence, but is merely part of the organizational structure of that government or authority.” In both Modem Shoppers and Sanchez, the courts held that despite being subject to various gover

1994See Mench, 159 Pa.Commonwealth Ct. at 122 n. 7, 632 A.2d at 1014 n. 7.

1987See Gough v. Norristown, 66 Pa. Commonwealth Ct. 401 , 444 A.2d 839 (1982).

1987See Gough v. Norristown, 66 Pa. Commonwealth Ct. 401 , 444 A.2d 839 (1982).

1980It is clear that a professional employe suspended by a school district is entitled to a local agency hearing: Middle Bucks Area Vocational-Technical School v. Navarro, 37 Pa. Commonwealth Ct. 278, 283 , 390 A. 2d 325, 328 (1978).

1980It is clear that a professional employe suspended by a school district is entitled to a local agency hearing: Middle Bucks Area Vocational-Technical School v. Navarro, 37 Pa. Commonwealth Ct. 278, 283 , 390 A. 2d 325, 328 (1978).