• Tri-Cog Land Bank v. Hart

    Publication Date: 2023-12-11
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CS 23-000021

    Respondent appealed the court's orders appointing a conservator and finding that her residential dwelling property met the conditions for imposition of conservatorship under the Pennsylvania Abandoned and Blighted Property Conservatorship Act. The court concluded that the record supported its orders and respondent failed to demonstrate undue financial hardship or a violation of her constitutional rights.

  • Palko v. McDonald

    Publication Date: 2023-12-11
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10635 OF 2022

    Defendant appealed the court's order granting plaintiffs' petition for rule to show cause and complaint in ejectment. The court concluded that defendant's appeal should be dismissed where the parties' prior arbitration on defendant's default under an installment land contract was a nullity because the plaintiffs' suit involved title to realty.

  • Auto Shower II v. Juszczak

    Publication Date: 2023-12-11
    Practice Area: Real Estate
    Industry: Automotive | Consumer Products | Real Estate
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1165 C.D. 2022

    Appellant appealed the trial court's order that refused to strike restrictive covenants placed upon the title to a property in conservatorship, without advance notice to the conservator or approval of the trial court supervising the conservatorship. The court reversed and remanded with instructions to grant appellant's motion to strike restrictive covenant.

  • Oden v. Schmitt

    Publication Date: 2023-12-11
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: GD21-1073

    The parties cross-appealed the court's bench trial verdict that plaintiffs owned a right-of-way over the improved portion of an avenue to the rear of their properties, while defendants owned half of the unimproved portion of the avenue abutting their land. The court rejected the parties' allegations of error.

  • Belfor Prop. Restoration v. Ravenwood Manor, LLC

    Publication Date: 2023-12-11
    Practice Area: Real Estate
    Industry: Construction | Real Estate
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 291 EDA 2023

    Appellant appealed the trial court's order granting appellee's motion to strike its lien claim. The court reversed and remanded for further proceedings.

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  • In re: Vacation of Raccoon Creek Rd. by Ordinance No. 2-2016

    Publication Date: 2023-12-04
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 361 C.D. 2022

    Court reversed board of viewers' damage award following vacation of public road where board failed to cite the evidence that formed the basis for its calculation of damages. Order of the board of viewers' reversed and remanded.

  • McCafferty Hyundai Sales, Inc. v. Middletown Twp. Zoning Hearing Bd.

    Publication Date: 2023-12-04
    Practice Area: Real Estate
    Industry: Advertising | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 88 C.D. 2022

    Zoning board misinterpreted township zoning code in approving permits for construction of a billboard within a right-of-way, which expressly required all principal uses to be on a lot and excluded any parcel of land within a right-of-way from the definition of a "lot." Order of the trial court reversed.

  • RT Partners, LP v. Allegheny County Office of Prop. Assessment

    Publication Date: 2023-12-04
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 637 C.D. 2022

    Court found appellant failed to invoke the court's authority under the Declaratory Judgment Act and trial court should have dismissed appellant's complaint relating to a real estate tax assessment for lack of jurisdiction. Vacated and remanded.

  • Serota v. Mager

    Publication Date: 2023-11-27
    Practice Area: Real Estate
    Industry: Non-Profit | Real Estate
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 820 C.D. 2021

    Trial court did not err in authorizing receiver, rather than a special litigation committee, to investigate appellant Serota's demand and determine whether a derivative action was in the association's best interest and in deferring to receiver's recommendation. Affirmed.

  • Piccioni v. Hacker

    Publication Date: 2023-11-27
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Mellon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2018-02390

    Pro se defendant appealed the court's unsigned Civil Court Sheet acknowledging that the action was settled and discontinued. The court concluded that the appeal must be dismissed where defendant, who had unnecessarily and vexatiously prolonged the litigation, waived her right to appeal by failing to file a 1925(b) concise statement of errors complained of.