March 17, 2008 | The Legal Intelligencer
Golf Course Litigation Involves 'Spot Zoning' StruggleThe framers of the 1776 Constitution of the Commonwealth of Pennsylvania unequivocally pronounce, in the first chapter and section, the sheer import of property rights to a free society: "That all men are born equally free and independent, and have certain natural, inherent and inalienable rights, amongst which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety."
By Harper J. Dimmerman
8 minute read
April 09, 2012 | The Legal Intelligencer
Superior and Commonwealth Courts Getting Aligned on the UTPCPLForcing adversaries to prove intent is where adept attorneys can easily earn their keep. Mounting the offensive is never an easy feat, especially when allegations of fraud require such a stringent inquiry into the mental processes of an oftentimes shrewd defendant.
By Harper J. Dimmerman and James M. Lammendola
6 minute read
March 02, 2009 | The Legal Intelligencer
Case Displays Unperfected Mechanic's Lien ClaimSeveral recent Pennsylvania Superior Court decisions illuminate the contours of Pennsylvania Mechanic's Lien Law and its 2006 amendments.
By Harper J. Dimmerman
6 minute read
May 21, 2012 | The Legal Intelligencer
Lend With Caution: Open-Ended Construction Mortgages in DangerMechanics lien law in Pennsylvania can be a procedural and substantive morass to the uninitiated. Many find the filing requirements, class of claimants, and priority rules may pose a challenge in advising lenders and contractors in how to protect their respective interests. The recent Superior Court case Commerce Bank/Harrisburg v. Kessler , 2012 WL 1610139, has the potential to change the method under which banks lend money for the construction, repair or alteration of a premises.
By James M. Lammendola and Harper J. Dimmerman
8 minute read
September 14, 2009 | The Legal Intelligencer
Entitlement Theories in Land Use: Check the Zoning Ordinance FirstOne who undertakes to make use of real estate for commercial purposes without inquiring as to whether the use is permitted by the municipality's zoning ordinance, does so at his own peril," the Commonwealth Court said in Springfield Twp. v. Kim.
By Harper J. Dimmerman
6 minute read
April 02, 2013 | The Legal Intelligencer
A Mysterious Case: Pennsylvania's Real Estate Seller Disclosure LawDisclosing or even defining defects at a property prior to transfer, as banal a task as this may seem, can raise a whole host of complex questions.
By Harper J. Dimmerman, James M. Lammendola and Bradley J. Osborne
7 minute read
April 14, 2008 | The Legal Intelligencer
Tax Sale Law and Intervention: What Buyers Can Learn From FultonIt is undeniable that the deprivation of an owner's property rights is not a concept act to be taken lightly.
By Harper J. Dimmerman
6 minute read
October 01, 2007 | The Legal Intelligencer
Pa.'s Courts Try to Determine What Constitutes a Sign at Car DealershipsIn an age when competition is king, achieving an "edge" oftentimes necessitates uncompromising ingenuity. The automobile industry, more specifically the competition amongst dealers/franchisees, is a perfect case in point.
By Harper J. Dimmerman
6 minute read
November 19, 2010 | The Legal Intelligencer
Private Road Case Shows Potential Idiosyncrasies of Rural PropertiesWhen advising clients in rural Pennsylvania, it would seem incumbent upon counsel to apprise the client of the Private Road Act, which has the potential to become a proverbial thorn in the side when successfully employed.
By Harper J. Dimmerman and James M. Lammendola
7 minute read
March 05, 2007 | The Legal Intelligencer
Scrutinizing the Condemnation Of an Adult Movie TheaterA key decision exploring First Amendment questions in the context of condemnation was very recently handed down by our state Supreme Court, with Chief Justice Ralph J. Cappy sounding off for the majority.
By Harper J. Dimmerman
8 minute read
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