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  • August v. The Glade Prop. Owners Ass'n, Inc.

    Publication Date: 2024-10-01
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Jennifer August, Rehoboth Beach, DE, pro se plaintiff.
    for defendant: Aaron E. Moore, Wilmington, DE for defendants.
    Case Number: 2020-0834-BWD

    Court denied homeowner's claims against homeowners' association where there were no conflicted fiduciaries that warranted applying the entire fairness standard to the claims.

  • New Start Holdings, LLC v. Zhou

    Publication Date: 2024-09-17
    Practice Area: Deals and Transactions
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: John L. Williams, Brian C. Crawford, The Williams Law Firm, P.A., Wilmington, DE for plaintiffs.
    for defendant: Zi Jun Zhou and Marvin Daniels, pro se defendants.
    Case Number: 2019-0831-MTZ

    Court denied plaintiffs' claim for specific performance to enforce real estate sales contracts where court found that plaintiffs' claims were based on knowingly false allegations.

  • FTE Networks, Inc. v. Szkaradek

    Publication Date: 2024-09-17
    Practice Area: Business Torts
    Industry: Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Bryson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-785-WCB

    Court denied motion for appointment of receiver where corporation's difficulties mostly harmed its customers, whose interests were more appropriately protected through consumer protection actions.

  • Gibson v. Koncik

    Publication Date: 2024-08-20
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Frank E. Noyes, II, Offit Kurman, P.A., Wilmington, DE for plaintiff.
    for defendant: David L. Konick, Washington, VA for defendants.
    Case Number: 2022-1036-LWW

    Court's readjustment of LLC ownership percentages did not affect the deadlock analysis where the LLC agreement required a two-thirds interest vote or unanimous consent.

  • Delaware Human & Civil Rights Comm'n v. Greenbrier Condos, L.L.C.

    Publication Date: 2024-08-20
    Practice Area: Civil Rights
    Industry: Hospitality and Lodging | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kemba S. Lydia-Moore, DAG, Delaware Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Donald L. Gouge, Jr., Donald J. Gouge, Jr., LLC, Wilmington, DE for defendants.
    Case Number: N24C-02-153 EMD

    Delaware Fair Housing Act merely required Delaware Department of Justice to "pursue" a civil enforcement action after referral, which did not require the filing of a lawsuit.

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    Lancaster County & Berks County Court Rules 2024

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  • Cook v. Deep Hole Creek Assoc.

    Publication Date: 2024-08-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for plaintiffs.
    for defendant: John W. Paradee, Brian V. DeMott, Baird Mandalas Brockstedt & Federico, LLC, Dover, DE for defendants.
    Case Number: 2021-0522-SG

    Where the deed and survey record supported finding that the original property owners intended for a subdivided lot to extend to the centerline of the adjacent waterway to ensure the lot had sufficient acreage to become buildable, the court quieted title in favor of the lot's current owners' right to wharf out from their property.

  • 330 Hospitality Group, LLC v. The City of Rehoboth Beach

    Publication Date: 2024-08-06
    Practice Area: Land Use and Planning
    Industry: Construction | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Robinson
    Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for petitioner.
    for defendant: Daniel A. Griffith, Thomas Wallace, Whiteford, Taylor & Preston, LLC, Wilmington, DE for respondents.
    Case Number: S22C-11-016 RHR

    Court remanded denial of rezoning application where city commissioners failed to adequately explain the legal reasons for denying the application.

  • Exit Strategy, LLC v. Festival Retail Fund BH, L.P.

    Publication Date: 2024-08-06
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory | Real Estate | Retail
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: David A. Jenkins, Jason Z. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE for appellant.
    for defendant: Douglas D. Herrmann, James H.S. Levine, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Andrew W. Zepeda, Lurie, Zepeda, Schmalz, Hogan & Martin, Los Angeles, CA for appellee.
    Case Number: 318, 2023

    Special limited partner was not entitled to distribution from sale of partnership's primary asset where partnership was entitled to deduct defeasance costs to satisfy the mortgage to sell the property as a "loan interest cost."

  • Gurney-Goldman v. Goldman

    Publication Date: 2024-07-30
    Practice Area: Corporate Governance
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Michael A. Barlow, Quinn Emanuel Urquhart & Sullivan, LLP, Wilmington, DE; S. Michael Blochberger, Abrams & Bayliss LLP, Wilmington, DE; Michael B. Carlinsky, David E. Myre, Ryan A. Rakower, Caitlin E. Jokubaitis, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; Paul J. Loughman, Robert M. Vrana, Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Mitchell Geller, Jasmine S. Chean, Holland & Knight LLP, New York, NY for plaintiffs.
    for defendant: Rudolf Koch, Daniel E. Kaprow, Morgan R. Harrison, Richards, Layton & Finger, P.A., Wilmington, DE; Jason Cyrulnik, Paul Fattaruso, Cyrulnik Fattaruso LLP, New York, NY for defendant.
    Case Number: 2023-1124-JTL

    Lack of formal identification of managers meant that LLC operating family business was a member-managed entity, although deceased family member's LLC interest became an assignee interest held by his estate.

  • Massandra Capital IV, LLC v. CEAI Aspen Place Manager, LLC

    Publication Date: 2024-07-30
    Practice Area: Contracts
    Industry: Investments and Investment Advisory | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Travis S. Hunter, Alexandra M. Ewing, Richards, Layton & Finger, P.A., Wilmington, DE for plaintiff.
    for defendant: Douglas D. Herrmann, Emily L. Wheatley, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; R. Thomas Avery, Stephen M. Hoeplinger, Capes, Sokol, Goodman & Sarachan, P.C., St. Louis, MO for defendants.
    Case Number: N23C-10-136 EMD CCLD

    LLC member's capital contributions were not "losses" under the parties' guaranty as treating them as losses would effectively force the other members to make capital contributions for which the first member would receive a greater ownership stake.