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6 Pennsylvania opinions name it 2 courts 1988–1994 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.
| Case | Followed | Cited |
|---|---|---|
State of Me. v. Department of Navygreen1 sentence1990See State of Maine v. Department of the Navy, 702 F.Supp. 322 (D.Me.1988). 2. | 1 | 1 |
In Re the Upset Sale of Properties Against Which Delinquent 1981 Taxes Were Returned to the Tax Claim Unit on or About the First Monday of May, 1982green2 sentences1990As our Supreme Court stated in In re the Upset Sale of Properties, 522 Pa. 230, 232 , 560 A.2d 1388, 1389 (1989), “Defense of governmental immunity is an absolute defense ... and is not waivable, nor is it subject to any procedural device that could render a governmental agency liable beyond the exceptions granted by the legislature.” For the foregoing reasons, we find that the trial court erred when it denied DER’s motion for judgment n.o.v. *534 since the trial court erred as a matter of law in denying DER’s defense of sovereign immunity. 1990As our Supreme Court stated in In re the Upset Sale of Properties, 522 Pa. 230, 232 , 560 A.2d 1388, 1389 (1989), “Defense of governmental immunity is an absolute defense ... and is not waivable, nor is it subject to any procedural device that could render a governmental agency liable beyond the exceptions granted by the legislature.” For the foregoing reasons, we find that the trial court erred when it denied DER’s motion for judgment n.o.v. *534 since the trial court erred as a matter of law in denying DER’s defense of sovereign immunity. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
CSX Transportation, Inc. v. Franty Construction
green
1 sentence1994On appeal, this court held that DER’s regulatory enforcement powers did not give it direct control over the mine for purposes of Section 8522(b)(3). 1 We reached a similar conclusion in CSX Transportation, Inc. v. Franty Construction, 157 Commonwealth Ct. 620, 630 A.2d 932 (1993), where plaintiff alleged in its complaint that DER failed to regulate mining and reclamation activities that took place on privately owned property. | 1 | 1994–1994 |
Commonwealth v. Jubelirer
green
2 sentences1992Commonwealth, Department of Environmental Resources v. Jubelirer, 130 Pa.Commw. 124, 567 A.2d 741 (1989). 1992Commonwealth, Department of Environmental Resources v. Jubelirer, 130 Pa.Commw. 124, 567 A.2d 741 (1989). | 1 | 1992–1992 |
Nanty-Glo Boro. v. American Surety Co.
green
2 sentences1992Defendants cite Borough of Nanty-Glo v. American Surety Company of New York, 309 Pa. 236 , 163 A. 523 (1932). 1992Defendants cite Borough of Nanty-Glo v. American Surety Company of New York, 309 Pa. 236 , 163 A. 523 (1932). | 1 | 1992–1992 |
Penn Terra Limited v. Department Of Environmental Resources
green
1 sentence1988In Penn Terra Ltd. v. Dept. of Environmental Resources, 733 F.2d 267 (3d Cir.1984), the Penn Terra mining *332 operation was cited by the DER for violation of various state environmental protection statutes. | 1 | 1988–1988 |
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.