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Publication Date: 2022-08-01
Practice Area: Real Estate
Industry: Advertising | Real Estate | State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Conner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0867
Commonwealth moved to dismiss plaintiffs' §1983 action alleging the taking of property without just compensation after state filed a declaration of taking for plaintiff's easement and billboard and court found it lacked subject matter jurisdiction and Burford abstention was warranted regarding plaintiff's claims against Pennsylvania secretary of transportation in her individual capacity. Motion granted.
Publication Date: 2022-07-25
Practice Area: Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0825
Trial court erred in sustaining preliminary objections to partition action where plaintiff had adequately pled an equitable interest in the subject property. Order of the trial court reversed, case remanded.
Publication Date: 2022-07-18
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Chester County
Judge: Judge George
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0723
Court found in favor of plaintiffs in adverse possession case, holding defendant failed to meet the elements of adverse possession by failing to provide clear and definitive proof of the disputed property lines.
Publication Date: 2022-07-18
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0721
Plaintiff failed to demonstrate that any alleged health condition prevented him from discovering a purported cause of action against defendants by the exercise of due diligence; therefore, no equitable exception to the statutory limitation was warranted. The court granted defendants' motion for summary judgment.
Publication Date: 2022-07-11
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Chester County
Judge: Judge Mahon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0692
Where plaintiffs offered credible testimony that their family had owned, controlled and maintained certain property since 1984 and explicitly opposed defendant's claim to that property several times during the prior 21 years, defendant failed to demonstrate that she owned the property through adverse possession. The court of common pleas recommended affirmance.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2022-06-27
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0708
State board of property erred in dismissing petition to establish ownership of property where petitioners presented documentation creating a genuine factual dispute regarding the validity of a patent issued by the commonwealth to petitioners' predecessor-in-interest. Order of the state board of property reversed, case remanded.
Publication Date: 2022-06-27
Practice Area: Real Estate
Industry: Entertainment and Leisure | Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0665
Plaintiffs' claim for money damages could not be grounded on a count seeking solely to establish their right to injunctive relief in this dispute over an easement, and their complaint did not contain allegations sufficient to constitute "unreasonable interference" with their use of that easement under Pennsylvania law. The court sustained defendant's preliminary objections.
Publication Date: 2022-06-20
Practice Area: Real Estate
Industry: Legal Services | Real Estate
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0681
Representation of plaintiff by a non-attorney did not divest the trial court of subject matter jurisdiction, and thus the trial court erred in vacating its judgment and ordering a new trial. Order of the trial court reversed, case remanded.
Publication Date: 2022-05-30
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0502
The court refused to strike plaintiffs' negligence claims based on the gist of the action doctrine since the Home Inspection Law creates a duty on behalf of a home inspector, thereby creating a relationship between the parties during which the tort of negligence was allegedly committed. The court denied defendant's preliminary objections in part.
Publication Date: 2022-05-30
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0494
Defendant "abandoned" her mobile home, as defined by the Manufactured Home Community Rights Act, where she was absent from the home for more than 30 days and had not paid rent since a judgment was entered against her while also becoming delinquent on real estate taxes and water and sewer service charges. The court granted plaintiff's statement of objection.
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