justiciable claim in Pennsylvania

1993Respondents’ position is premised upon, among others, this Court’s decision in Shapp v. Butera, 22 Pa.Commonwealth Ct. 229, 348 A.2d 910 (1975), which determined that executive orders may be legally enforceable only if the order serves to implement or supplement statutes or the constitution. 3 In any event, Respondents argue that whether the executive order is a direction to subordinates to fulfill certain duties or to implement or supplement a statute or the constitution, Petitioners have failed to state a cause of action because they cannot assert a justiciable claim against a directive to s

1993Respondents' position is premised upon, among others, this Court's decision in Shapp v. Butera, 22 Pa.Commonwealth Ct. 229, 348 A.2d 910 (1975), which determined that executive orders may be legally enforceable only if the order serves to implement or supplement statutes or the constitution. [3] In any event, Respondents argue that whether the executive order is a direction to subordinates to fulfill certain duties or to implement or supplement a statute or the constitution, Petitioners have failed to state a cause of action because they cannot assert a justiciable claim against a directive to

2023Did the Court err and/or abuse its discretion under its order and decision docketed May 23, 2022 dismissing Count I, where Falls Township failed to cite (and the Court has failed to find) any dispositive fact in the record not grounded on oral testimony which precludes summary judgment under Nanty-Glo v. American Surety Co, 309 Pa. 236 (1932), under Rule 1035.2?

2003In re Condemnation of 110 Washington Street, Borough of Conshohocken, Pennsylvania by Redevelopment Authority of County of Montgomery, for Urban Renewal Purposes, 767 A.2d 1154 (Pa.Cmwlth.), petition for allowance of appeal denied, 567 Pa. 748 , 788 A.2d 379 (2001). [7] The trial court also filed a Further Supplemental Opinion dated May 13, 2002, in which it recited the City's actions since the filing of its January 11, 2002 opinion.

1997For a more detailed description of the Double Jeopardy Clause, its history, and the protection afforded thereby, see Blockburger v. U.S., 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932), United States v. Dixon, 509 U.S. 688 , 113 S.Ct. 2849 , 125 L.Ed.2d 556 (1993), and Ryan J.

1997For a more detailed description of the Double Jeopardy Clause, its history, and the protection afforded thereby, see Blockburger v. U.S., 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932), United States v. Dixon, 509 U.S. 688 , 113 S.Ct. 2849 , 125 L.Ed.2d 556 (1993), and Ryan J.

1997For a more detailed description of the Double Jeopardy Clause, its history, and the protection afforded thereby, see Blockburger v. U.S., 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932), United States v. Dixon, 509 U.S. 688 , 113 S.Ct. 2849 , 125 L.Ed.2d 556 (1993), and Ryan J.

1997For a more detailed description of the Double Jeopardy Clause, its history, and the protection afforded thereby, see Blockburger v. U.S., 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932), United States v. Dixon, 509 U.S. 688 , 113 S.Ct. 2849 , 125 L.Ed.2d 556 (1993), and Ryan J.

1976In determining whether plaintiff ’s amended complaint presents a justiciable claim for relief, the court assumes the truth of all well pleaded material and relevant facts and inferences reasonably deducible therefrom, keeping in mind the fundamental legal concept that courts will not interfere with municipal action involving discretion in the absence of proof of fraud, collusion, bad faith or actions so arbitrary and capricious as to constitute an abuse of discretion: Weber v. Philadelphia, 437 Pa. 179 , 262 A. 2d 297 (1970); Flaherty v. Allegheny Port Authority, 450 Pa. 509 , 299 A. 2d 613 (1

1976In determining whether plaintiff ’s amended complaint presents a justiciable claim for relief, the court assumes the truth of all well pleaded material and relevant facts and inferences reasonably deducible therefrom, keeping in mind the fundamental legal concept that courts will not interfere with municipal action involving discretion in the absence of proof of fraud, collusion, bad faith or actions so arbitrary and capricious as to constitute an abuse of discretion: Weber v. Philadelphia, 437 Pa. 179 , 262 A. 2d 297 (1970); Flaherty v. Allegheny Port Authority, 450 Pa. 509 , 299 A. 2d 613 (1

1976In determining whether plaintiff ’s amended complaint presents a justiciable claim for relief, the court assumes the truth of all well pleaded material and relevant facts and inferences reasonably deducible therefrom, keeping in mind the fundamental legal concept that courts will not interfere with municipal action involving discretion in the absence of proof of fraud, collusion, bad faith or actions so arbitrary and capricious as to constitute an abuse of discretion: Weber v. Philadelphia, 437 Pa. 179 , 262 A. 2d 297 (1970); Flaherty v. Allegheny Port Authority, 450 Pa. 509 , 299 A. 2d 613 (1

1976In determining whether plaintiff ’s amended complaint presents a justiciable claim for relief, the court assumes the truth of all well pleaded material and relevant facts and inferences reasonably deducible therefrom, keeping in mind the fundamental legal concept that courts will not interfere with municipal action involving discretion in the absence of proof of fraud, collusion, bad faith or actions so arbitrary and capricious as to constitute an abuse of discretion: Weber v. Philadelphia, 437 Pa. 179 , 262 A. 2d 297 (1970); Flaherty v. Allegheny Port Authority, 450 Pa. 509 , 299 A. 2d 613 (1

1976In determining whether plaintiff ’s amended complaint presents a justiciable claim for relief, the court assumes the truth of all well pleaded material and relevant facts and inferences reasonably deducible therefrom, keeping in mind the fundamental legal concept that courts will not interfere with municipal action involving discretion in the absence of proof of fraud, collusion, bad faith or actions so arbitrary and capricious as to constitute an abuse of discretion: Weber v. Philadelphia, 437 Pa. 179 , 262 A. 2d 297 (1970); Flaherty v. Allegheny Port Authority, 450 Pa. 509 , 299 A. 2d 613 (1

1976In determining whether plaintiff ’s amended complaint presents a justiciable claim for relief, the court assumes the truth of all well pleaded material and relevant facts and inferences reasonably deducible therefrom, keeping in mind the fundamental legal concept that courts will not interfere with municipal action involving discretion in the absence of proof of fraud, collusion, bad faith or actions so arbitrary and capricious as to constitute an abuse of discretion: Weber v. Philadelphia, 437 Pa. 179 , 262 A. 2d 297 (1970); Flaherty v. Allegheny Port Authority, 450 Pa. 509 , 299 A. 2d 613 (1

1976In determining whether plaintiff ’s amended complaint presents a justiciable claim for relief, the court assumes the truth of all well pleaded material and relevant facts and inferences reasonably deducible therefrom, keeping in mind the fundamental legal concept that courts will not interfere with municipal action involving discretion in the absence of proof of fraud, collusion, bad faith or actions so arbitrary and capricious as to constitute an abuse of discretion: Weber v. Philadelphia, 437 Pa. 179 , 262 A. 2d 297 (1970); Flaherty v. Allegheny Port Authority, 450 Pa. 509 , 299 A. 2d 613 (1

1976In determining whether plaintiff ’s amended complaint presents a justiciable claim for relief, the court assumes the truth of all well pleaded material and relevant facts and inferences reasonably deducible therefrom, keeping in mind the fundamental legal concept that courts will not interfere with municipal action involving discretion in the absence of proof of fraud, collusion, bad faith or actions so arbitrary and capricious as to constitute an abuse of discretion: Weber v. Philadelphia, 437 Pa. 179 , 262 A. 2d 297 (1970); Flaherty v. Allegheny Port Authority, 450 Pa. 509 , 299 A. 2d 613 (1