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Publication Date: 2024-07-12
Practice Area: Real Estate
Industry: Legal Services | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 140 C.D. 2022
Property owner appealed the trial court's order granting township's motion to enforce a settlement agreement. The court reversed, holding the trial court abused its discretion in finding the existence of a valid and enforceable settlement agreement where the parties' negotiations remained ongoing and owner's prompt repudiation of a suggested settlement deprived his attorney of express authority to settle on his behalf.
Publication Date: 2024-07-05
Practice Area: Real Estate
Industry: Non-Profit | Real Estate
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 292 WDA 2023
Court rejected cross-petitioner's objection to appointment of conservator for abandoned/blighted property where appointed conservator had sufficient experience and a more developed plan that had the added benefit of creating affordable housing, and the trial court did not misinterpret the requirements or policy goals of the Abandoned and Blighted Property Act. Order of the trial court affirmed.
Publication Date: 2024-07-05
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 581 C.D. 2021
Property owners were not entitled to board of viewers where replacement of highway interchange constituted a "reconstruction" permitted under the existing permanent easement and there was no evidence of impairment of use or value of the property. Order of the trial court affirmed.
Publication Date: 2024-07-05
Practice Area: Real Estate
Industry: Hospitality and Lodging | Real Estate | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2436
The court granted plaintiff's motion to transfer venue of this partition action to the Middle District of Pennsylvania and granted plaintiff's motion to dismiss counts alleging tortious interference with business relations and fraudulent misrepresentation but denied plaintiff's motion to dismiss the unjust enrichment count.
Publication Date: 2024-06-28
Practice Area: Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 3176 EDA 2022
Defendant appealed the order for specific performance in action over a real estate sales agreement and court held trial court properly found that a written contract existed and defendant breached it, there was no violation of the statute of frauds and defendant waived his right to arbitration. Affirmed.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2024-06-28
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 869 MDA 2023
Appellant's action in ejectment failed where appellant failed to establish a consentable boundary line. Judgment affirmed.
Publication Date: 2024-06-28
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10847 OF 2022, C.A.
The parties filed cross-motions for judgment on the pleadings in plaintiffs' action for fraud and related claims arising out of a residential home sale. The court denied both motions where the parties' pleadings created fact issues for resolution by a jury regarding defendant's alleged concealment of defects in the home and the extent of plaintiffs' awareness of the defects prior to closing.
Publication Date: 2024-06-21
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 440 WDA 2024
In this § 1925(a) opinion, the court urged the Superior Court to affirm its order resolving all issues raised by the petition of the next-door neighbor for a property to be placed in conservatorship under the Abandoned and Blighted Property Conservatorship Act, 68 P.S. §§1101-1120, following an evidentiary hearing.
Publication Date: 2024-06-14
Practice Area: Real Estate
Industry: E-Commerce | Hospitality and Lodging | Real Estate
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 968 C.D. 2023
The court affirmed the ruling of the trial court granting homeowner's motion for summary judgment, denying the owners' association cross motion for summary judgment, and declaring owners' association 2021 amendment to its bylaws void ab initio.
Publication Date: 2024-06-14
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 269 WDA 2023
Trial court erred in finding business had standing to pursue conservatorship of abandoned/blighted property where record was insufficient to determine whether business was located within 2,000 feet of the property via navigable walking/driving distance. Order of the trial court affirmed in part, vacated in part, and remanded.
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