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  • Port Penn Hunting Lodge Ass'n v. Meyer

    Publication Date: 2019-05-22
    Practice Area: Public Utilities | Real Estate
    Industry: State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: L. Vincent Ramunno, Ramunno & Ramunno P.A., Wilmington, DE for petitioner.
    for defendant: Max B. Walton and Kyle Evans Gay, Connolly Gallagher LLP, Newark, DE; Brian J. Merritt, New Castle County Office of Law, New Castle, DE for respondents.
    Case Number: D68472

    Landowner failed to adequately allege that the county improperly refused to provide sewer service to the subject property.

  • Fansler v. N. Am. Title Ins. Co.

    Publication Date: 2019-04-03
    Practice Area: Real Estate
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68511

    Limitations period could be tolled where plaintiffs alleged they relied upon defendants' representations to believe their property had an access easement and that their title insurance policy would protect them from defects in title, and thus any purported defects in the deed or policy documents would not be readily apparent to plaintiffs.

  • Angelo v. NVR, Inc.

    Publication Date: 2019-03-27
    Practice Area: Real Estate
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Ronald Angelo, Sr., Townsend, DE, pro se plaintiff.
    for defendant: Scott G. Wilcox, Whiteford Taylor Preston, LLC, Wilmington, DE for defendant NVR, Inc. Scott Thomas Earle, Zarwin, Baum, DeVito, Kaplan, Schaer, Toddy, P.C., Wilmington, DE for defendant Commonwealth Land Title Insurance Company.
    Case Number: D68502

    Plaintiff lacked standing to litigate title issues pro se on behalf of principal as an attorney-in-fact.

  • Personal Touch Holding Corp. v. Glaubach

    Publication Date: 2019-03-13
    Practice Area: Corporate Governance | Real Estate
    Industry: Health Care | Real Estate
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Blake Rohrbacher, Brian F. Morris and John M. O'Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan C. Sulli-van and John A. DeMaro of Ruskin Moscou Faltischek, P.C., Uniondale, NY for plaintiff.
    for defendant: Theodore A. Kittila and James G. McMillian, III, Halloran Farkas Kittila LLP, Wilmington, DE for defendant.
    Case Number: D68490

    A corporate officer breached his fiduciary duty by usurping a corporate opportunity to purchase property, so the court awarded damages to the company.

  • Agostini v. Blenheim at Augustine Creek, LLC

    Publication Date: 2019-01-23
    Practice Area: Contractual Disputes | Expert Witnesses | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Dean R. Roland, Cooch and Taylor P.A., Wilmington, DE for plaintiff.
    for defendant: Jeffrey M. Weiner, Wilmington, DE for defendant.
    Case Number: D68430

    Jury waiver was enforceable where the heart of plaintiffs' claims went to their request to be made whole under the operative contract and the waiver language was sufficiently conspicuous to place readers on notice they were waiving the right to jury trial.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Talley-Siders v. Mayhorn

    Publication Date: 2018-10-31
    Practice Area: Deals and Transactions | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Donald L. Gouge, Jr. for plaintiffs.
    for defendant: N/A
    Case Number: D68340

    The trial court's decision in favor of sellers was supported by substantial evidence, and buyer failed to establish the elements of fraud.

  • Patel v. Sunvest Realty Corp.

    Publication Date: 2018-10-31
    Practice Area: Business Torts | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE, attorney for plaintiffs
    for defendant: Eric J. Monzo and Brenna A. Dolphin, Morris James, LLP, Wilmington, DE; Raymond W. Cobb, O'Hagan Meyer, LLC, Wilmington, DE, attorneys for defendants.
    Case Number: D68336

    Vicarious liability claims against real estate brokerage for individual broker's fraud could be maintained where the broker worked from the brokerage's office and used that position and the brokerage's name and reputation to perpetuate the alleged fraud.

  • Bank of New York Mellon v. Shrewsbury

    Publication Date: 2018-10-24
    Practice Area: Banking and Finance Laws | Creditors' and Debtors' Rights | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Melanie J. Thompson, Orlans PC, Wilmington, DE, attorney for plaintiff
    for defendant: Cynthia L. Carroll, Cynthia L. Carroll, P.A., Newark, DE, attorney for defendant.
    Case Number: D68326

    Mortgagor's motion for summary judgment denied where debtor raised genuine issues of material fact as to the authenticity of the note in mortgagor's possession, without which mortgagor would lack standing to enforce.

  • Delawareans for Educ. Opportunity v. Carney

    Publication Date: 2018-10-17
    Practice Area: Real Estate | Tax
    Industry: Real Estate | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Ryan Tack-Hooper, Karen Lantz, Richard H. Morse and Brian S. Eng, attorneys for plaintiffs
    for defendant: Barry M. Willoughby, Kathaleen St. J. McCormick, Lauren E.M. Russell, Elisabeth S. Bradley, Lauren Dunkle Fortunato, William W. Pepper Sr., Gary E. Junge, Herbert W. Mondros, Helene Episcopo, Adam Singer and Mary A. Jacobson, attorneys for defendants.
    Case Number: D68320

    Court had jurisdiction to order equitable relief for counties' failure to collect local property taxes according to fair market values as mandamus relief was not available since there was no statutory requirement for regular scheduling of assessments and prohibitive injunctive relief was unavailable under a writ of mandamus.

  • Harmon v. Sussex County

    Publication Date: 2018-06-27
    Practice Area: Real Estate
    Industry: Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68193

    The court declined to grant a property owner's request for emergency injunctive relief from a proposed sher-iff's sale of her real property, because it was required to abstain in favor of a state court proceeding, and even if abstention were not applicable, plaintiff failed to demonstrate a likelihood of success on the merits.