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Publication Date: 2022-10-24
Practice Area: Real Estate
Industry: Construction
Court: Superior Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 2370 EDA 2021
Trial court properly found appellant homeowners' claims against home builder were time barred by the statute of repose where the certificate of occupancy for the house issued in 2003 and appellants filed their complaint more than 12 years later. Affirmed.
Publication Date: 2022-10-17
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1348 WDA 2021
Trial court correctly held appellee satisfied all three elements needed to establish an easement by necessity and ordered appellant to remove a fence barring access to a private road. Affirmed.
Publication Date: 2022-09-12
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0895
Plaintiffs were not required to produce the testimony of their former neighbors to prove a binding consentable line by recognition and acquiescence as the evidence of record clearly established that the former neighbors acquiesced to three spruce trees as the boundary line between the two properties. The court granted plaintiffs relief in this action to quiet title.
Publication Date: 2022-09-05
Practice Area: Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0999
Order denying exceptions to master's report in partition action was not appealable where trial court had yet to finally resolve the partition. Appeal quashed.
Publication Date: 2022-08-15
Practice Area: Real Estate
Industry: Mining and Resources | Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0810
Court granted International Development Corporation's request for summary judgment and denied plaintiff corporation's request for summary judgment in case regarding the granting of subsurface rights in a deed tracing back to the 1800's. While plaintiff asserted the deed conveying the property to them merely referenced prior deeds reserving subsurface rights, the court agreed with IDC that the prior deeds were not merely copied but were in fact, incorporated into the deed for the purposes of reserving rights. Otherwise, the court reaso
Law Journal Press | Digital Book
Authors: SHARI L. KLEVENS, ALANNA G. CLAIR
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Publication Date: 2022-08-15
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0912
Trial court properly denied municipality's petition to sell land dedicated for public use where township failed to show that public use had become impractical and where township fostered residents' belief that the land would remain open space. Order of the trial court affirmed.
Publication Date: 2022-08-08
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0845
Court partially granted preliminary objections arising from a property law dispute between a community owning a planned subdivision and a defendant resident. While defendant argued plaintiff's attempt to collect payment for her use of a recorded easement was not properly pled pursuant to the Uniform Planned Community Act, the court indicated plaintiff's attached declaration sufficiently described the property in question. The court did, however, agree plaintiff mistakenly referred to a wrong deed in part of their complaint and indicat
Publication Date: 2022-08-08
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0849
Trespass claim based on stormwater discharge failed where property owner provided no expert testimony to establish increased discharge or to calculate damages, and where owner was aware of discharge onto the property prior to their purchase. Defendants' motion for summary judgment granted.
Publication Date: 2022-08-08
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0848
Where plaintiffs asserted that defendant violated the state's Storm Water Management Act and sought remedies under §15 of that act, which provides that remedies for actions in equity are to restrain, prevent or abate violation of the act or any watershed storm water plan, plaintiffs were limited to such statutory remedies. The court issued an order limiting damages.
Publication Date: 2022-08-08
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0893
Negligence in real property exception to governmental immunity under the judicial code did not apply to claims arising from a local property tax sale, particularly where municipality never had legal possession of the property during the sale process. Order of the trial court affirmed.
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