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Publication Date: 2023-05-29
Practice Area: Administrative Law
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 70082 OF 2021, M.D.
Appellant, an LLC, filed suit against the City of New Castle Zoning Hearing Board. The suit focused on the issue of a sign permit granted to a landowner for his property. Appellant argued that the sign was installed without a permit and remained up for an extended period of time.
Publication Date: 2023-05-29
Practice Area: Land Use and Planning
Industry: Mining and Resources | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 70122 of 2021, MD
Appellant appealed the denial of its application for a conditional use permit to conduct surface mining operations on leased property. The court reversed appellee borough council's decision denying the conditional use permit application.
Publication Date: 2023-05-29
Practice Area: Contractual Disputes
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10519 of 2019
Defendant appealed the court's orders granting plaintiff's motion for judgment on the pleadings and related relief in plaintiff's action for breach of commercial real estate listing agreements. The court requested that the Commonwealth Court affirm its orders and dismiss defendant's appeal.
Publication Date: 2023-05-22
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10645 of 2019, C.A.
Additional defendants filed preliminary objections to defendant wife's first amended complaint against them. The court granted the preliminary objections, holding that defendant wife failed to set forth claims for resulting trust, unjust enrichment and constructive trust where her husband's mother transferred the mother's corporate stock, of which the husband allegedly was de facto owner, into an irrevocable family trust that named the husband as trustee and the mother's grandchildren as beneficiaries.
Publication Date: 2023-05-22
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 157 OF 2021, CR
Defendant filed an omnibus pretrial motion, in the nature of a petition for writ of habeas corpus, alleging Commonwealth failed to present a prima facie case for the financial theft charges levied against him. The trial court denied the motion.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-05-15
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 345 OF 2022, C.R.
The court granted defendant's motion to suppress his custodial statements to police, finding that the Commonwealth failed to meet its burden to show that defendant's purported Miranda waiver was knowingly and voluntary.
Publication Date: 2023-05-15
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10889-2021, C.A.
Plaintiffs appealed the trial court's grant of defendants' preliminary objections and dismissal on the basis of lack of jurisdiction. The trial court recommended that its order be affirmed because jurisdiction over plaintiffs' claims rested with the Orphans Court, where an existing action involving the same matters already was on file.
Publication Date: 2023-03-06
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 12035 of 2009, C.A.
Evidence of record compelled the trial court's transfer of primary physical custody of minor children from mother to father. The trial court properly relied upon the children's testimony from a conciliation conference to support its rationale regarding the custody arrangement which most suited the children's best interests. The court recommended that the Superior Court affirm its custody order and dismiss mother's appeal.
Publication Date: 2023-02-27
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10870 of 2021, C.A.
Plaintiffs offered sufficient evidence to establish the recognition and acquiescence to a consentable boundary in the form of an asphalt driveway, including the requisite time period, as well as evidence that the intent of the easement grant was to allow plaintiffs access over land belonging to defendants and their predecessors. The trial court recommended affirmance.
Publication Date: 2023-02-13
Practice Area: Civil Procedure
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10889 of 2021, C.A.
The court lacked jurisdiction over this matter brought by plaintiffs, trust beneficiaries, given that under 20 Pa.C.S. §711(12), the jurisdiction of the court of common pleas over testamentary trusts shall be exercised by its orphan's court division, which court already issued an order declaring exclusive jurisdiction over related matters. The court sustained defendants' preliminary objections.
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