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Publication Date: 2024-09-20
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 876 WDA 2023
Trial court erred in denying appellants' petition for reimbursement from neighbors for proportional expenses for repairing an easement across appellants' land because under the plain and unambiguous language of the settlement agreement and easement deeds, the easement owners and appellants agreed and covenanted to share the costs of any "maintenance." Reversed.
Publication Date: 2024-09-17
Practice Area: Real Estate | Tax
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 23-3239
Citadel Wellwood Urban Renewal LLC appealed the district court's summary judgment in favor of the Borough of Merchantville and associated defendants.
Publication Date: 2024-09-13
Practice Area: Tax
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 44 C.D. 2023
County Board of Assessment Appeals appealed the trial court's order reversing Board's decision denying taxpayer a charitable real estate tax exemption for certain property. The court affirmed, holding that taxpayer's evidence proved its compliance with the Institutions of Purely Public Charity Act and related law and, thus, its entitlement to the requested charitable real estate tax exemption.
Publication Date: 2024-09-13
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 1652 MDA 2023
Court quashed appeal where partial judgment on the pleadings left multiple disputes outstanding. Appeal quashed.
Publication Date: 2024-09-13
Practice Area: Contractual Disputes
Industry: Health Care
Court: Courts of Common Pleas, Fayette County
Judge: Judge Cordero
Attorneys: For plaintiff:
for defendant:
Case Number: 1546 of 2018, G.D.
The court denied defendant's motion to dismiss for failure to join an indispensable party pursuant to Pa. R. Civ. P. 1032(b). Plaintiff, a skilled nursing facility that housed defendant's late father, sued defendant for breach of contract and violation of the Uniform Voidable Transactions Act after defendant signed a responsible person agreement, a Mt. Macrina Manor release and acknowledgment and, allegedly in contravention of the contract, received ownership of three parcels of real estate from his father in exchange for $1. Defendan
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2024-09-13
Practice Area: Consumer Protection
Industry: Construction | Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 50319 OF 2023, C.A.
Defendant homeowners filed preliminary objections to a mechanics' lien claim filed by a construction contractor. The court overruled the preliminary objections, holding in pertinent part that plaintiff contractor presented a legally sufficient mechanics' lien claim through a quantum meruit cause of action even where plaintiff's general contractor agreement did not comply with the requirements of the Home Improvement Consumer Protection Act.
Publication Date: 2024-09-13
Practice Area: Land Use and Planning
Industry: Health Care | Real Estate | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 70114 OF 2023, M.D.
Appellant filed a land use appeal challenging appellee township's denial of its application for a conditional use approval to operate a residential drug and alcohol rehabilitation facility at a designated site. The court granted the appeal, holding that appellee township abused its discretion in denying the conditional use where the proposed use fell within the same general character as other uses within the zoning district and appellant failed to demonstrate that the use would have a detrimental impact on the surrounding community.
Publication Date: 2024-09-13
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services | Real Estate | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Schmehl
Attorneys: For plaintiff:
for defendant:
Case Number: 23-3740
Defendants moved to disqualify and sanction plaintiff's counsel in plaintiff's action alleging discriminatory denial of his right to develop certain properties. The court denied the motion for disqualification and granted in part the motion for sanctions, holding that plaintiff's attorney did not violate the letter of the Pennsylvania Rules of Professional Conduct where his client contacted former township officials regarding potentially privileged matters while his lawsuit was pending.
Publication Date: 2024-09-06
Practice Area: Real Estate
Industry: Transportation
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 73 MAP 2023
The court reversed the Commonwealth Court and remanded for reinstatement of the trial court's order dismissing the condemnation action where appellants proved that the public was not the "primary and paramount beneficiary" of the taking.
Publication Date: 2024-09-06
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 221 C.D. 2023
Trial court erred in finding tax claim bureau took reasonable efforts to locate property owner by relying on bureau's statutory publication requirement and where the bureau failed to follow all statutorily listed methods and instead focused on the property owner's failure to update her registered address. Order of the trial court reversed.
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