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Publication Date: 2023-10-16
Practice Area: Real Estate
Industry: Financial Services and Banking | Non-Profit | Real Estate
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 251 WDA 2022
Appellant appealed the trial court's order sustaining intervenor's preliminary objections and dismissing appellant's property conservatorship action. The court affirmed, holding that the property at issue was subject to a pending foreclosure action, and thus was not susceptible to conservatorship, where a mortgage lender renewed its efforts to obtain a sheriff's sale on the property seven months after the borrower's bankruptcy case was dismissed.
Publication Date: 2023-10-02
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Hill
Attorneys: For plaintiff:
for defendant:
Case Number: 00994
Appellants appealed a non-jury verdict favoring appellee in a lawsuit alleging various claims including fraud and breach of contract involving real property. However, the court found that, because appellants failed to provide the required Pa.R.A.P. 1925(b) statement of matters complained of on appeal, they waived all issues related to the judgment and award of damages and recommended that the matter be dismissed with prejudice.
Publication Date: 2023-09-18
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: GD22-000038
Defendants appealed the court's orders that a driveway easement shared by the parties was legally enforceable and that defendants were in contempt of court. The court addressed defendants' claims of error and determined it did not err.
Publication Date: 2023-09-11
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 761 C.D. 2022
Trial court abused discretion in denying without a hearing a petition to intervene nunc pro tunc in property conservatorship proceedings where it was patently obvious from the face of the record that proposed intervenor had an ownership interest in the property and was not served with notice of the conservatorship. Order of the trial court vacated, case remanded.
Publication Date: 2023-09-11
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 367 C.D. 2022
Trial court erred in ordering injunction that failed to return the parties to the status quo ante and effectively granted a permanent injunction despite plaintiff merely requesting preliminary injunctive relief. Order of the trial court vacated and remanded.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2023-09-11
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 27 WAP 2022
Landowner appealed the Commonwealth Court's en banc decision affirming the trial court's order sustaining the preliminary objections of appellee Pennsylvania Department of Transportation to appellant's petition for the appointment of a board of viewers. The court held that the failure of appellee's predecessor in interest to comply with a statutory duty to ensure both the filing and the indexing of its highway right of way plan in county deed records meant appellee lacked an enforceable easement on appellant's property.
Publication Date: 2023-09-04
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-02843-RC
The court issued its decision after a bench trial in a real property boundary dispute between plaintiff and defendant. The court held that plaintiff held exclusive title and ownership interest in a 21 square foot disputed area between the parties' residential lots pursuant to the consentable line doctrine.
Publication Date: 2023-09-04
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 823 C.D. 2023
Trial court did not err or abuse its discretion in ordering the preliminary relief of entering, inspecting and vacating the occupants of the property but erred to the extent it simultaneously allowed demolition as a remedy to abate property violations based on the record in the case. Affirmed in part and vacated in part.
Publication Date: 2023-09-04
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10974 OF 2022,C.A.
Plaintiff landlords sought summary judgment in their action against defendant tenants for breach of a residential lease and recovery of possession of the leased premises. The court granted plaintiffs' motion.
Publication Date: 2023-08-28
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 719 C.D. 2022
Trial court did not err in concluding DOT unreasonably exercised its police power in removing a pedestrian footbridge that was the only access to landowner's property, DOT's action constituted a de facto taking and trial court made the findings board of viewers needed to determine damages. Affirmed.
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