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Publication Date: 2022-12-05
Practice Area: Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 2017 EDA 2021
Second trial judge could grant a previously-denied motion to confirm arbitration award where internal appellate process had been closed and the arbitration panel considered the award final, requiring the trial court to confirm the award and rendering the initial denial of the motion erroneous. Order of the trial court affirmed.
Publication Date: 2022-11-28
Practice Area: Real Estate
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 649 C.D. 2022
Trial court erred in sustaining property owners' preliminary objections to railroad's declaration of taking because the taking was for a public purpose, owners could not raise their claim of a de facto taking via preliminary objection, and the taking was not in bad faith but trial court properly found that security railroad offered was not adequate. Reversed and remanded.
Publication Date: 2022-11-28
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Street
Attorneys: For plaintiff:
for defendant:
Case Number: 00062
The court granted defendant's request for an appeal of a default judgment after pro se plaintiff failed to accurately name defendant in the caption, body, and service of the complaint.
Publication Date: 2022-11-21
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-01104
The court partially granted a motion to dismiss, finding that plaintiff could not bring an action to quiet title as plaintiff failed to establish that they were in "possession" of the disputed property at the time the complaint was filed. The court rather found that defendants were in possession of the property due to the fact that they routinely maintained the property, had placed a no trespassing sign on the property, and their land survey revealed that their property slightly encroached onto the disputed parcel.
Publication Date: 2022-11-14
Practice Area: Real Estate
Industry: Construction | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 2094 CIVIL 2022
While the allegations in plaintiff's complaint lacked factual averments to support piercing the corporate veil of the defendant corporation to reach its sole member, the pleading alleged sufficient facts to allow plaintiff's claims against the individual defendant to go forward based upon the participation theory. The court overruled defendants' preliminary objections.
Law Journal Press | Digital Book
Authors: Daniel A. Cohen, Joshua Feinstein
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Publication Date: 2022-11-14
Practice Area: Real Estate
Industry: Insurance | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5564 CIVIL 2016
Court granted motion for reconsideration and summary judgment finding that defendants were able to show that previous foreclosures and judgments on the property had resulted in a merger, clearing the property's title of liens giving rise to the dispute.
Publication Date: 2022-11-07
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10473 OF 2020, C.A.
Court granted injunctive relief on the grounds that plaintiffs had properly established that the deed in question intended plaintiffs to have access to a 50-foot strip of land. Outside of the deed, the court further granted injunctive relief on the grounds that plaintiffs had established the need for an easement by necessity.
Publication Date: 2022-10-31
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 719 CD 2022
Court affirmed decision granting plaintiff landowner's request for a board of reviewers to be appointed to oversee the Pennsylvania Department of Transportation's demolition of a pedestrian bridge which effectively landlocked plaintiff. Although defendants argued they were using their police powers when demolishing the bridge, the court disagreed, finding defendant's actions under the circumstances were unreasonable.
Publication Date: 2022-10-31
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 70066 of 2022, MD
Plaintiff failed to establish the first factor required for the maintenance of a lis pendens upon real property, that title to the property was at issue in this litigation; therefore, the court was not required to address the second relevant factor, a balancing of the equities involved. The court denied plaintiff's motion for lis pendens.
Publication Date: 2022-10-31
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 317 CIVIL 2021
The court granted plaintiff's request for specific performance regarding a real estate contract. Defendant failed to appear on the closing date and/or respond to plaintiff's request for enforcement of the contract. Plaintiff had already paid a down payment on the property and was ready, willing, and able to take possession of the property on the closing date. Defendant did not appear at the closing and defendant's whereabouts were unknown. Plaintiff initiated an action, seeking specific performance.
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