James M Lammendola

May 06, 2014 | The Legal Intelligencer

"Where a party conveys land to which he had no title, or a defective title, and afterwards acquired a good title, that title immediately inures to the benefit of the grantee," according to Dixon v. Fuller, 46 A. 553 (Pa. 1900). This legal principle, enunciated by the Pennsylvania Supreme Court more than a century ago, represents the essence of the doctrine of estoppel by deed. Still alive and well, this same doctrine was applied in a notable Superior Court decision, Shedden v. Anadarko E&P, 2014 PA Super 53 (filed March 14, 2014).

By James M. Lammendola and Harper J. Dimmerman

6 minute read

February 04, 2014 | The Legal Intelligencer

On Dec. 16, the Pennsylvania Supreme Court handed down a decision that will assuredly have an impact on a property owner's decision to challenge an upset tax sale, based on an alleged violation of the notice provisions contained within the Real Estate Tax Sale Law. In Horton v. Washington County Tax Claim Bureau, our state's highest court scrutinized the meaning of the phrase "proof of mailing" and reached an important conclusion for any stakeholder in a tax sale.

By Harper J. Dimmerman and James M. Lammendola

7 minute read

October 24, 2011 | The Legal Intelligencer

On Sept. 28, the Pennsylvania Supreme Court handed down a unanimous decision in Piper Group Inc. v. Bedminster Township Board of Supervisors and Bedminster Township, one which clarified the pending ordinance doctrine and will likely impact the manner in which zoning ordinances are challenged in the commonwealth.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

July 02, 2013 | The Legal Intelligencer

The color green seems to be on everyone's minds these days. The whole green revolution (as in energy), the ubiquitous Starbucks logo, money (speaks for itself) and rolling fairways are just a few images that come to mind. As this article relates to the practice of law (it really does), it is the final one that we find the most intriguing.

By Harper J. Dimmerman, James M. Lammendola and Bradley J. Osborne

6 minute read

January 08, 2013 | The Legal Intelligencer

"Timing is everything," as the adage goes, especially in the realm of mechanic's liens claims. The current incarnation of Pennsylvania's Mechanic's Lien Law, more specifically Section 1502, calls for filing within six months after the completion of the work.

By Harper J. Dimmerman, James M. Lammendola and Bradley J. Osborne

6 minute read

November 19, 2012 | The Legal Intelligencer

Last month, the Superior Court of Pennsylvania handed down an extremely well-reasoned opinion in J.J. DeLuca Company v. Toll Brothers. The matter explored the contours of the gist of the action doctrine and punitive damages law within the framework of an extremely ambitious development project.

By Harper J. Dimmerman,James M. Lammendola and Bradley J. Osborne

6 minute read

January 05, 2011 | The Legal Intelligencer

In a case that has the potential to alter or abolish the procedure by which landlocked property owners are afforded relief, the Supreme Court of Pennsylvania appears to have left the constitutionality of Pennsylvania's Private Road Act in grave doubt. In a recent decision, In the Matter of: Opening of a Private Road For the Benefit of Timothy P. O'Reilly , the Pennsylvania Supreme Court remanded the case for reconsideration.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

April 09, 2012 | The Legal Intelligencer

Forcing 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

May 21, 2012 | The Legal Intelligencer

Mechanics 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

April 02, 2013 | The Legal Intelligencer

Disclosing 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