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  • Stillwater Lakes Civic Ass'n v. Smietanka

    Publication Date: 2020-09-14
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0898

    The court sustained preliminary objections, because plaintiff's affirmative defenses to defendant's counterclaim did not include any material facts to indicate how the defenses pertained to this case.

  • Catanzaro v. Pennell

    Publication Date: 2020-09-14
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0994

    Plaintiff's amended complaint seeking to quiet title to certain real property was legally insufficient where the pleading failed to allege that there was a dispute between plaintiff and defendant as to the title of land at issue. The superior court affirmed.

  • In re: Condemnation of Land in Bristol Twp.

    Publication Date: 2020-09-14
    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: 20-0995

    The trial court did not err in denying the mortgagee bank's petition for appointment of viewers, filed after condemnation proceedings, since the language of the Eminent Domain Code excludes mortgagees from the definition of "condemnee" and, therefore, from the class of persons eligible to request the appointment of a board of viewers. The appellate court affirmed.

  • Stackhouse v. Gordner

    Publication Date: 2020-09-07
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0869

    The statute of limitations barred plaintiff's claim for unjust enrichment, and her assertion of undue influence failed due to lack of a confidential relationship. The court granted summary judgment in favor of defendants.

  • Martin v. Burchinal

    Publication Date: 2020-08-31
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0834

    Plaintiffs were entitled to a disputed parcel based on adverse possession. Intervenors failed to establish a prescriptive easement.

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  • M4 Holdings, LLC v. Lake Harmony Estates Prop. Owners' Ass'n

    Publication Date: 2020-08-31
    Practice Area: Real Estate
    Industry: Construction | Real Estate
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0942

    Adoption of amendment to bylaws by property owners' association via email thread not valid where bylaws expressly only permitted electronic meetings via "conference telephone" or similar technology. Order of the trial court affirmed.

  • Guiser v. Sieber

    Publication Date: 2020-08-17
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0886

    Trial court erred in ordering injunctive relief under a theory of easement by prescription where trial court failed to resolve whether road over which the alleged easement ran was a private road, or a public road that would require the joining of municipalities as indispensable parties. Appeal quashed in part; vacated and remanded in part.

  • Rohrbach v. NVR, Inc.

    Publication Date: 2020-07-13
    Practice Area: Real Estate
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rufe
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0736

    Defendant moved to dismiss all of plaintiffs' tort claims over defects in a new home and court dismissed the negligence, negligent supervision, fraudulent inducement and Pennsylvania Unfair Trade Practices and Consumer Protection Law claims but denied the motion to strike remedies for breach of implied warranty claim. Motion granted in part and denied in part.

  • Sec'y of Veterans Affairs v. Quesinberry

    Publication Date: 2020-07-06
    Practice Area: Real Estate
    Industry: Federal Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0568

    In this ejectment action, the court held that defendant was not permitted to collaterally attack the sheriff's sale conducted in the underlying mortgage foreclosure proceeding. The court granted plaintiff's motion for summary judgment.

  • Kuhstoss v. Steele

    Publication Date: 2020-07-06
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0705

    Trial court erred in granting preliminary injunctive relief in counterclaim for prescriptive easement where claimants sought easement across unenclosed woodland and were therefore precluded from obtaining a prescriptive easement under the Unenclosed Woodlands Act.