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  • Calisto v. Rodgers

    Publication Date: 2022-03-14
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0284

    Deeds were not invalid under statute of frauds where they were signed by sole executor and beneficiary of estate in the name of the decedent, meaning the deeds were signed by the party transferring ownership of the real estate. Judgment of the trial court affirmed.

  • Turner v. Estate of Baird

    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.

  • Zayo Group, LLC v. Norfolk Southern Ry. Co.

    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.

  • Palmer v. Palena

    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.

  • Hensel v. Hutchinson

    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.

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  • Castaldo v. Dohn

    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.

  • Altoona First Sav. Bank v. Twp. of Logan

    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.

  • Smith v. Bonincontro

    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.

  • Saw Creek Estates Cmty. Ass'n, Inc. v. Fleming

    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.

  • Morgan v. Millstone Res. LTD.

    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.