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  • Shannon Inv. L.P. v. Joyce Outdoor Advertising Wallscapes, LLC

    Publication Date: 2021-07-19
    Practice Area: Real Estate
    Industry: Advertising
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0816

    Appellant appealed order granting plaintiff's motion to strike appellant's praecipes for writs to join additional defendants in action over billboard on a building and court found the order was interlocutory and non-appealable. Appeal quashed.

  • 2800 N. Broad St., LLC v. Commonwealth Dep't of Transp.

    Publication Date: 2021-07-19
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0828

    Condemnee mistakenly argued that a partial de jure condemnation of its property effected a de facto taking of the entirety of its property interest such that the remainder had no economic value since the de jure partial taking already contemplated damages to the remainder of the property. The commonwealth court reversed and remanded.

  • Walsh v. Isabella

    Publication Date: 2021-07-05
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0765

    Trial court did not err in denying appellant's third and fourth motions to terminate coalition's conservatorship of a blighted property under the Abandoned and Blighted Property Conservatorship Act because trial court's alleged failure to comply with time restraints in §5(a) did not deprive court of jurisdiction and appellant failed to cite any provision of the act requiring a trial court to hold a hearing on a motion to terminate. Affirmed.

  • Mkt. Square Prop. Dev., LLC v. TGRG, LLP

    Publication Date: 2021-06-21
    Practice Area: Real Estate
    Industry: Food and Beverage | Real Estate | State and Local Government
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0711

    Trial court properly found that a lease restriction appellants created on the part of a parcel of land appellants leased did not encumber the entire property that a third party owned. Affirmed.

  • First N. Bank & Trust Co. v. Fabiano

    Publication Date: 2021-06-14
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0560

    The court denied a petition to set aside a sheriff's sale, because defendant had notice of the sale, and he failed to demonstrate any irregularities in the sale process.

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  • Pennsylvania Dep't of Transp. v. Bennett Family Prop., LLC

    Publication Date: 2021-05-24
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0567

    The trial court properly barred a property owner from offering testimony regarding the highest and best use for its property during the preliminary objection stage of condemnation proceedings as the condemnor was not required to consider such factors as part of its suitable investigation and resulting intelligent, informed judgment. The commonwealth court affirmed the trial court's ruling.

  • Long v. Reccek

    Publication Date: 2021-05-17
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0444

    Although plaintiffs filed a late response to defendant's request for admissions, the court excused their tardy response because plaintiffs were acting pro se and defendant was not prejudiced. Factual disputes precluded summary judgment.

  • Sattar v. Riechlin

    Publication Date: 2021-05-10
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0441

    Defendant was entitled to a compulsory non-suit on plaintiff's request for termination of an express easement in the absence of authority for such equitable relief based on an alleged abuse of the easement and insufficient evidence to warrant such relief. The court of common pleas recommended affirmance of verdict.

  • Kinney v. Lacey

    Publication Date: 2021-05-03
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0482

    Trial court correctly determined appellants' failure to join all lot owners as indispensable parties in their quiet title actions rendered the court without subject matter jurisdiction since lot owners had easement rights to the beach area and ribbon of land around the lake belonged to lot owners collectively. Affirmed.

  • Assocs. of Chapman Lake v. Long

    Publication Date: 2021-05-03
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0493

    Condemnation action that expressly granted predecessors riparian rights to a non-navigable lake meant that owner of parcels beneath the lake could not interfere with the right of successors to those riparian rights to quiet enjoyment and use of the lake's waters. Order of the trial court reversed.