sufficient basis challenge (Pennsylvania) · Go Syfert
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sufficient basis challenge in Pennsylvania

8 Pennsylvania opinions name it 3 courts 1972–2014 0 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 (4)

CaseFollowedCited
Valley View Civic Ass'n v. Zoning Board of Adjustmentgreen
pa · 1983 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Valley View, 462 A.2d at 640 (“[M]ere evidence that the zoned use is less financially rewarding than the proposed use is insufficient to justify a variance.”); O’Neill, 120 A.2d at 904 (“[T]he mere fact that the property would increase in value if a variance were granted, is not of itself a sufficient basis for a claim of unnecessary hardship.”); rather, as Mr. Kane argued to the ZBA, Boone Street’s layout is such that turning it into a single-family home would create interior access issues, whereby certain rooms would be “landlocked,” meaning that a variance was required for the property to b

11
O'Neill v. Philadelphia Zoning Board of Adjustmentgreen
pa · 1956 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Valley View, 462 A.2d at 640 (“[M]ere evidence that the zoned use is less financially rewarding than the proposed use is insufficient to justify a variance.”); O’Neill, 120 A.2d at 904 (“[T]he mere fact that the property would increase in value if a variance were granted, is not of itself a sufficient basis for a claim of unnecessary hardship.”); rather, as Mr. Kane argued to the ZBA, Boone Street’s layout is such that turning it into a single-family home would create interior access issues, whereby certain rooms would be “landlocked,” meaning that a variance was required for the property to b

11
Burns Manufacturing Co., Inc. v. Boehmgreen
pa · 1976 · cited in 1 Pennsylvania opinions naming this issue, 1989–1989
2 sentences

1989Instead he appears to have relied on the apparent imprecision of the language as a sufficient basis to rule against the appellant____ This, in our view, is not a satisfactory approach to the construction of ... facially ambiguous language.... 467 Pa. at 313, n. 3 , 356 A.2d at 766, n. 3 . 12 .

1989Instead he appears to have relied on the apparent imprecision of the language as a sufficient basis to rule against the appellant____ This, in our view, is not a satisfactory approach to the construction of ... facially ambiguous language.... 467 Pa. at 313, n. 3 , 356 A.2d at 766, n. 3 . 12 .

11
Commonwealth v. Stumpogreen
pasuperct · 1982 · cited in 1 Pennsylvania opinions naming this issue, 1983–1983
2 sentences

1983See Commonwealth v. Stumpo, 306 Pa.Super. 447 , 452 A.2d 809 (1982); Commonwealth v. Long, supra. There was here, of course, a sufficient basis for the hearing judge to have determined as a fact that the weather conditions prevented the appearance of the principal prosecution witness since there was unchallenged testimony from the prosecutor of that fact.

1983See Commonwealth v. Stumpo, 306 Pa.Super. 447 , 452 A.2d 809 (1982); Commonwealth v. Long, supra. There was here, of course, a sufficient basis for the hearing judge to have determined as a fact that the weather conditions prevented the appearance of the principal prosecution witness since there was unchallenged testimony from the prosecutor of that fact.

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 (7)

CaseCitedYears
Commonwealth v. Sparrow green
pa · 1977
2 sentences

1988Commonwealth v. Sparrow, 471 Pa. 490, 500-01 , 370 A.2d 712 (1977); Commonwealth v. Lopinson, 427 Pa. 284 , 234 A.2d 552 (1967); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953).

1988Commonwealth v. Sparrow, 471 Pa. 490, 500-01 , 370 A.2d 712 (1977); Commonwealth v. Lopinson, 427 Pa. 284 , 234 A.2d 552 (1967); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953).

21988–1988
Commonwealth v. Lopinson green
pa · 1967
2 sentences

1988Commonwealth v. Sparrow, 471 Pa. 490, 500-01 , 370 A.2d 712 (1977); Commonwealth v. Lopinson, 427 Pa. 284 , 234 A.2d 552 (1967); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953).

1988Commonwealth v. Sparrow, 471 Pa. 490, 500-01 , 370 A.2d 712 (1977); Commonwealth v. Lopinson, 427 Pa. 284 , 234 A.2d 552 (1967); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953).

21988–1988
Commonwealth v. McGrew green
pa · 1953
2 sentences

1988Commonwealth v. Sparrow, 471 Pa. 490, 500-01 , 370 A.2d 712 (1977); Commonwealth v. Lopinson, 427 Pa. 284 , 234 A.2d 552 (1967); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953).

1988Commonwealth v. Sparrow, 471 Pa. 490, 500-01 , 370 A.2d 712 (1977); Commonwealth v. Lopinson, 427 Pa. 284 , 234 A.2d 552 (1967); Commonwealth v. McGrew, 375 Pa. 518 , 100 A.2d 467 (1953).

21988–1988
Commonwealth v. Tarbert green
pa · 1987
2 sentences

1994It appears clear from the case law that local statistical data may provide a sufficient basis for the requirement that "the *439 route selected . . . [is] one which, based on local experience, is likely to be travelled by intoxicated drivers." Tarbert, 517 Pa. at 293 , 535 A.2d at 1043 .

1994It appears clear from the case law that local statistical data may provide a sufficient basis for the requirement that "the *439 route selected . . . [is] one which, based on local experience, is likely to be travelled by intoxicated drivers." Tarbert, 517 Pa. at 293 , 535 A.2d at 1043 .

11994–1994
Commonwealth v. Kohl green
pa · 1990
2 sentences

1992Oftentimes, as in the Commonwealth v. Kohl, 395 Pa.Super. 73 , 576 A.2d 1049 (1990) case, the driver of an automobile will be rendered unconscious as a result of the accident, precluding the opportunity to observe behavior and to obtain the probable cause that the majority finds imperative.' Should the inability of police officers to conduct a sufficient investigation in these circumstances immunize these drivers from prosecution for drunk driving?

1992Oftentimes, as in the Commonwealth v. Kohl, 395 Pa.Super. 73 , 576 A.2d 1049 (1990) case, the driver of an automobile will be rendered unconscious as a result of the accident, precluding the opportunity to observe behavior and to obtain the probable cause that the majority finds imperative.' Should the inability of police officers to conduct a sufficient investigation in these circumstances immunize these drivers from prosecution for drunk driving?

11992–1992
Commonwealth ex rel. Fletcher v. Cavell green
pa · 1959
2 sentences

1972Fletcher v. Cavell, 395 Pa. 134 , 149 A. 2d 434 (1959), in which the court held that the challenge for cause was made too late since the juror had already been sworn. [9] "Errors occurring in connection with the trial may be disregarded or treated as harmless by the appellate court if the verdict demonstrates that they had no effect upon the final result." 9 Standard Pennsylvania Practice, § 215 (1962). [1] E.g., when asked whether a policeman is more worthy of belief than a layman, he stated that "it depends on the individual." [2] See Wallis v. State, 38 Ala. App. 359 , 84 So. 2d 788 (1955),

1972Fletcher v. Cavell, 395 Pa. 134 , 149 A. 2d 434 (1959), in which the court held that the challenge for cause was made too late since the juror had already been sworn. [9] "Errors occurring in connection with the trial may be disregarded or treated as harmless by the appellate court if the verdict demonstrates that they had no effect upon the final result." 9 Standard Pennsylvania Practice, § 215 (1962). [1] E.g., when asked whether a policeman is more worthy of belief than a layman, he stated that "it depends on the individual." [2] See Wallis v. State, 38 Ala. App. 359 , 84 So. 2d 788 (1955),

11972–1972
Wallis v. State green
alactapp · 1955
2 sentences

1972Fletcher v. Cavell, 395 Pa. 134 , 149 A. 2d 434 (1959), in which the court held that the challenge for cause was made too late since the juror had already been sworn. [9] "Errors occurring in connection with the trial may be disregarded or treated as harmless by the appellate court if the verdict demonstrates that they had no effect upon the final result." 9 Standard Pennsylvania Practice, § 215 (1962). [1] E.g., when asked whether a policeman is more worthy of belief than a layman, he stated that "it depends on the individual." [2] See Wallis v. State, 38 Ala. App. 359 , 84 So. 2d 788 (1955),

1972Fletcher v. Cavell, 395 Pa. 134 , 149 A. 2d 434 (1959), in which the court held that the challenge for cause was made too late since the juror had already been sworn. [9] "Errors occurring in connection with the trial may be disregarded or treated as harmless by the appellate court if the verdict demonstrates that they had no effect upon the final result." 9 Standard Pennsylvania Practice, § 215 (1962). [1] E.g., when asked whether a policeman is more worthy of belief than a layman, he stated that "it depends on the individual." [2] See Wallis v. State, 38 Ala. App. 359 , 84 So. 2d 788 (1955),

11972–1972

Where else courts name it

NY 17 (1930–2017) CA 10 (1880–2016) AR 9 (1986–2022) PA 8 (1972–2014) IL 8 (1975–2008) CT 7 (1943–2003) WI 6 (1940–2020) WY 5 (1982–2023) GA 5 (1976–2008) ID 3 (1991–1998) MA 3 (1986–2004) FL 3 (1982–2001) TX 3 (2016–2023) WA 2 (1968–1987) MD 2 (1973–1977) IA 2 (1993–2007) UT 2 (2005–2011)

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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