June 13, 2005 | The Legal Intelligencer
The Importance of Drafting Effective Neighborhood RestrictionsIt 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 DealsOne 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 RemediesThe 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 UsesSeemingly 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 LawsOne 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 ActA 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 DoctrineThe 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 AssessmentsLiens 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 PlansA 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 ExemptAs 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
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