• Russo v. Polidoro

    Publication Date: 2018-01-09
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1913

    Trial court erred in granting partition because a restriction in the deed precluded appellee from filing an action in partition without the express written consent of two of the three deed holders. Reversed.

  • Reihner v. City of Scranton Zoning Hearing Bd.

    Publication Date: 2018-01-09
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1912

    Trial court erred in upholding the zoning boards finding that appellants were operating a bed and breakfast because the language of the ordinance was ambiguous as to whether serving breakfast was required as part of the definition of a B&B and the ordinance had to be interpreted in favor of the landowners widest use of the land. Reversed.

  • Stouffer v. City of Reading

    Publication Date: 2018-01-09
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1894

    The court granted defendants motion for summary judgment in plaintiffs §1983 action seeking damages for the loss of his building as well as for personal property in the building after city ordered demolition of the building as a threat to public safety when part of the front of the building collapsed because plaintiff never identified a policy, custom or practice of the city that caused any constitutional violations, plaintiff took ad-vantage of his post-deprivation remedies and nothing in that process was inadequate and it was just

  • In Re G.J.K. &Sons, LLC

    Publication Date: 2018-01-02
    Practice Area: Civil Appeals | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1891

    Trial court erred in striking a purportedly defective deed from the records because the matter was first raised by petition, the trial court lacked any jurisdiction in the matter since the rules of civil procedure required an action to be commenced by a complaint or a summons and where the trial court lacked jurisdiction, its order was a nullity. Order vacated.

  • City of Bethlehem v. Kanofsky

    Publication Date: 2017-12-26
    Practice Area: Government | Real Estate | Regulation
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1843

    The City of Bethlehem met its burden of establishing that defendants property required a conservator where it produced uncontroverted testimony about the propertys blighted, deteriorated and unsafe condition and defendants failure to take remedial action. The court affirmed an order granting a petition for conservatorship.

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  • Francisville Neighborhood Dev. Corp. v. Estate of Moore

    Publication Date: 2017-12-26
    Practice Area: Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1847

    Seller of blighted property was statutorily obligated to pay a conservators fees to the petitioner for conservation, even before the petitioner was appointed conservator. Order of the trial court affirmed.

  • Nye v. Shipman

    Publication Date: 2017-12-19
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Gray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1798

    The court did not abuse its discretion in concluding that the boundary line referenced in a deed included a light pole on the east side of the road, rather than the one on the west side, because the location of the light pole on the east side was more consistent with the acreage specified in the deed.

  • Hendricks v. Hendricks

    Publication Date: 2017-12-12
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1813

    Trial court properly granted preliminary injunction where enjoined party was contractually prohibited from interfering with residential development conducted by party seeking the injunction. Orders of the trial court affirmed. Timothy Paul Hendricks and W. Todd Hendricks, brothers, were involved in the same companies, collectively referred to as TH Properties, and were involved in residential development on property they owned.

  • Tilghman Square Assoc., LP v. Eid

    Publication Date: 2017-12-05
    Practice Area: Civil Procedure | Contracts | Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1726

    The court denied a petition to open a confessed judgment where the lease contained an express acceleration clause and the individual defendants signed personal guarantees. In addition to failing to timely file their petition to open the confessed judgment, defendants lacked any meritorious defense.

  • JTS Capital 2 LLC v. Whiting

    Publication Date: 2017-12-05
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Construction | Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1582

    The plaintiffs complaint in this mortgage foreclosure action failed to comply with Pa.R.Civ.P. 1147(a)(4) as it failed to state with particularity the nature and manner of defendants alleged default, including the date of default. The court sustained in part defendants preliminary objections.