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
August 29, 2012 | The Legal Intelligencer
Commonwealth Court Considers Eminent Domain and Act 70On August 3, the Commonwealth Court handed down a decision in Borough of Downingtown v. Friends of Kardon Park, No. 2392 C. D. 2010, that may prolong the legal wrangling over Kardon Park, a 50-acre area of parkland that occupies parts of Downingtown Borough and East Caln Township in Chester County.
By James M. Lammendola
11 minute read
October 01, 2013 | The Legal Intelligencer
Timing Is Everything With Act 91 Notice ChallengesThis past summer, the Pennsylvania Superior Court filed a noteworthy opinion highlighting just how strictly statutory timing requirements can be construed.
By Harper J. Dimmerman, Bradley J. Osborne and James M. Lammendola
6 minute read
November 02, 2009 | The Legal Intelligencer
Res Judicata -- A Bar to Recovery Under TILA?A veritable sea of mortgage defaults and the accompanying foreclosure litigation undoubtedly represents a sign of the current economic times.
By Harper J. Dimmerman And James M. Lammendola
5 minute read
November 02, 2009 | The Legal Intelligencer
Res Judicata -- A Bar to Recovery Under TILA?A veritable sea of mortgage defaults and the accompanying foreclosure litigation undoubtedly represents a sign of the current economic times. And, with such activity, allegations of predatory lending practices in the form of Truth in Lending Act, or TILA, violations should come as no surprise to practitioners on either side of the bar. These demands for relief, whether rescissionary or monetary in nature, at times, may never be asserted until after foreclosure litigation has already commenced.
By Harper J. Dimmerman and James M. Lammendola
4 minute read
August 29, 2011 | The Legal Intelligencer
Commonwealth Court Reaffirms the Lofty Variance Hardship StandardThe recent case of Goldstein v. The Zoning Hearing Board of the Township of Lower Merion filed April 21 by the Commonwealth Court emphatically illustrates the importance of not disregarding the mandates of local ordinances when constructing additions or new structures on one's real estate. As we shall soon see, neither the long-standing nature of a nonconformity, the expense of compliance, nor the acquiescence of one's immediate neighbors will afford relief to the landowner when a hardship is not directly tied to a pre-existing unique physical condition on one's property.
By James M. Lammendola and Harper J. Dimmerman
7 minute read
October 04, 2010 | The Legal Intelligencer
Cross-Collateralization and Confessions of JudgmentAny student of debtor creditor law learns very quickly that, except for a certain degree of protection under the bankruptcy code and state statutory exemptions, the creditor has numerous remedies available in the case of default.
By Harper J. Dimmerman and James M. Lammendola
6 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
March 17, 2011 | The Legal Intelligencer
The Descriptive-Normative Tension in Land DevelopmentSome may contend that the concept of real estate development, by its very definition, requires at least some modicum of vision aimed at meeting future demand in the marketplace.
By James M. Lammendola And Harper J. Dimmerman
7 minute read
August 02, 2010 | The Legal Intelligencer
When the Common Law Trumps Statutory SchemesWhen a supplier of goods or a lending institution extends credit there is an element of risk even in a strong economy. When the housing market in general, and the construction industry in particular, are in a downturn, the creditor's primary concern, once creditworthiness is established, will be priority over other creditors.
By Harper J. Dimmerman and James M. Lammendola
7 minute read
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