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Publication Date: 2022-02-21
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0185
Trial court erred in ruling on appellees' action for ejectment, quiet title, trespass and injunctive relief in dispute over a piece of un-deeded property between the parties' properties because the abandoned roadway was never vacated, borough was an indispensable party and trial court lacked jurisdiction. Order vacated.
Publication Date: 2022-02-14
Practice Area: Real Estate
Industry: Technology Media and Telecom | Transportation
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Conner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0154
Plaintiff moved to remand its condemnation action seeking an aerial license to string fiber optic wire on telephone poles along defendant's railroad tracks and court found the Interstate Commerce Clause Termination Act did not preempt the commonwealth's eminent domain code and the amount in controversy was not enough to support diversity jurisdiction. Motion granted.
Publication Date: 2022-01-24
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Tunnell County
Judge: Judge Tunnell
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0028
The court held that plaintiff did not establish a clear right to relief to support a preliminary injunction because he did not demonstrate an element of his adverse possession claim that there was a hostile act between the parties in relation to title to a piece of real estate. Motion denied.
Publication Date: 2022-01-24
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0026
Plaintiff's complaint failed to sufficiently allege either a claim under the Private Road Act or a claim of easement by estoppel where the pleading did not include averments establishing necessity or public benefit from the opening of a road, and did not allege notice regarding the purported easement. The court sustained defendant's preliminary objections.
Publication Date: 2022-01-17
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1523
Plaintiffs established their ownership of a disputed three-foot strip of land at the edge of their parcel where they demonstrated the recognition and acquiescence of an agreed-upon boundary line with defendants' predecessors in interest and acquiescence by defendants, who took no affirmative steps to protect their claim to the disputed strip. The court found in favor of plaintiffs.
Law Journal Press | Digital Book
Authors: Ron M. Campbell
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Publication Date: 2022-01-10
Practice Area: Real Estate
Industry: Financial Services and Banking | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0011
Trial court erred in granting partial summary judgment where there were outstanding factual disputes regarding whether a foreclosing lender assumed the mortgagor's proprietary development interests or willfully took on development activities. Partial summary judgment reversed, case remanded.
Publication Date: 2021-12-13
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1369
In this review pursuant to Rule 1925(a), the court affirmed its decision in this property line dispute and ordered the removal and restoration of four feet of a path that encroached on plaintiffs' property. Affirmed.
Publication Date: 2021-11-29
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1258
While the language in defendants' deed did not impose any obligation to maintain a planned community's facilities, the language did not relieve them of an obligation to pay their fair share of costs to maintain such facilities where their deed provided them with a non-optional right to enjoy them. The court found in favor of plaintiff.
Publication Date: 2021-11-29
Practice Area: Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1383
Appellant appealed the grant of permanent injunctive relief in property owners' trespass and nuisance action for rainwater runoff and court found owners' equitable claim was not barred by laches, the defenses of excuse and de jure authority did not apply and trial court provided adequate analysis to support a permanent injunction. Affirmed.
Publication Date: 2021-11-22
Practice Area: Real Estate
Industry: State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1250
Plaintiff could not stop the Pennsylvania Department of Transportation from cutting down trees on her property as part of a construction project to widen a nearby highway where PennDOT established that it was entitled to 41 feet of land from roadway toward plaintiff's property as part of the safety-related condemnation and construction plan. The court granted the commonwealth's emergency petition for relief.
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