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Harper J Dimmerman

Harper J Dimmerman

June 13, 2005 | The Legal Intelligencer

The Importance of Drafting Effective Neighborhood Restrictions

It is vital that the real estate practitioner maintain a strong attention to detail in drafting subdivision restrictions. Declarations generally serve as the mechanism by which a developer promulgates those limitations intended to restrict the conduct of future grantees.

By Harper J. Dimmerman

7 minute read

June 12, 2006 | The Legal Intelligencer

Superior Court Case Limits Statutory Remedies for Closed Deals

One recent Superior Court case succinctly lays out the vital elements of several statutory and common law claims potentially arising out of a bungled real estate deal. Ironically, however, the court's rigorous analysis is conducted within the context of a situation devoid of any facts that even fall within the purview of the consumer statutes brought to the court's attention.

By Harper J. Dimmerman

6 minute read

December 11, 2006 | The Legal Intelligencer

As-Applied Tax Assessment Challenges Without Exhausting Remedies

The state Supreme Court was recently called upon to consider the question of whether taxpayers may pursue, as a class, equitable remedies for alleged violations of the Uniformity Clause. The alternative strategy would be to exhaust all legal administrative remedies prior to making the claim that such a course would be inadequate.

By Harper J. Dimmerman

7 minute read

August 08, 2005 | The Legal Intelligencer

Zoning Issues: Variances And Nonconforming Uses

Seemingly innocuous permit applications to the Department of Licenses and Inspections can prove complex and expensive.

By Harper J. Dimmerman

7 minute read

September 12, 2005 | The Legal Intelligencer

The Tension Between Purchase Options and Zoning Laws

One might suspect that a leasehold interest coupled with an option to purchase confers a substantial property interest upon a lessee. After all, [a]n option to purchase is analogous to a contract for the sale of land; it is in nature an encumbrance on the land pledged, according to Detweiler v. Capone.

By Harper J. Dimmerman

7 minute read

June 17, 2011 | The Legal Intelligencer

The Benefits and Burdens of the Deficiency Judgment Act

A hypertechnical distinction can rear its ugly head at any given time, even when a litigant has been prudent throughout, successfully navigating the confession of judgment rules for instance.

By Harper J. Dimmerman and James M. Lammendola

7 minute read

September 15, 2008 | The Legal Intelligencer

Robin Hood (Lakes) Meets Polk Township's Merger Doctrine

The board proclaimed that because the subject parcel and the adjoining lots were under common ownership at the time of the zoning legislation, it was incumbent upon the landowners to prove intent.

By Harper J. Dimmerman

6 minute read

January 10, 2005 | The Legal Intelligencer

Statutory Exceptions for Condominium Lien Assessments

Liens not satisfied of record at the time of a sheriff's sale are ordinarily discharged, much to the chagrin of various lienholders. According to American Jurisprudence, a lien is a charge on property, either real or personal, for the payment or discharge of a particular debt or duty in priority to the general debts or duties of the owner. It encumbers property to secure payment or performance of a debt, duty or other obligation.

By Harper J. Dimmerman

7 minute read

October 09, 2006 | The Legal Intelligencer

State and Federal Courts Deal With Unfulfilled Condemnation Plans

A simple variance application concerning a 9.68-acre parcel of property situated in Darby Township has recently been the subject of significant legal debate, with rumbling at both the state and federal court levels.

By Harper J. Dimmerman

6 minute read

February 13, 2006 | The Legal Intelligencer

Court: Facility Within Planned Community Is Tax Exempt

As last month's Pennsylvania Supreme Court decision in Saw Creek v. County of Pike demonstrates, the manner in which planned community property is characterized has important tax consequences.

By Harper J. Dimmerman

8 minute read