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Publication Date: 2023-05-22
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Cohen
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-C-1511
The court recommended affirmance of its order affirming in part and remanding in part the Zoning Hearing Board's decision, that found zoning violations committed by appellant and denying variances requested by appellant, where the court found that appellant conceded any contested issues by admitting its violations.
Publication Date: 2023-05-22
Practice Area: Deals and Transactions
Industry: Real Estate
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Varricchio
Attorneys: For plaintiff:
for defendant:
Case Number: 2018-C-3121
In a dispute over a joint venture agreement for a real estate development project, plaintiffs, Ashley Development Corporation Inc, Louis P. Pektor, III, and Greystone Capital Inc, sought to collect a debt owed to them based on contractual agreements or promises made with defendants, VSBT Stone Hill LP and Bruce Thaler. The court did not find sufficient evidence to support plaintiffs' claims, finding no profit-sharing agreement, developer's fee contract, promise of profit-sharing, unjust enrichment, fraudulent or negligent inducement,
Publication Date: 2023-05-22
Practice Area: Dispute Resolution
Industry: Construction
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Varriccho
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for defendant:
Case Number: 2022-C-1622
Petitioners, homeowners, appealed an arbitrator's decision denying them relief regarding water infiltration and moisture damage in their claims against respondent, a home-building company. The court concluded that there was no basis to vacate the arbitrator's decision because the arbitration agreement was valid, and there was no evidence of partiality, corruption, misconduct or a refusal to hear material evidence by the arbitrator.
Publication Date: 2023-05-08
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-C-0991
Court ordered that the record be opened for the purpose of adding additional evidence where appellant's request to modify a settlement agreement with a town's local zoning board was denied by the board of supervisors without the board giving appellant a chance to respond to or present any evidence on their behalf.
Publication Date: 2023-04-17
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Steinberg
Attorneys: For plaintiff:
for defendant:
Case Number: CR-3055-2008
The court denied appellant's petition for habeas corpus relief on the grounds that appellant's request under the Post-Conviction Relief Act was untimely and the court did not have jurisdiction to consider the request for collateral relief.
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Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-04-17
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-FC-0888
The court granted plaintiff's request for special relief arising out of a marital settlement agreement but declined to award plaintiff attorneys' fees because there was insufficient evidence that defendant willfully breached the marital settlement agreement.
Publication Date: 2023-04-17
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Steinberg
Attorneys: For plaintiff:
for defendant:
Case Number: CR-2378-2006
Appellant appealed the dismissal of his "Motion to Rescind Judgment of Sentence," which challenged his 2007 murder conviction. The court recommended that dismissal of the filing as an untimely post-conviction relief petition be affirmed.
Publication Date: 2023-04-17
Practice Area: Personal Injury
Industry: Energy
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 2020-C-1268
Defendant sought summary judgment in plaintiffs' personal injury suit, in which plaintiff alleged he suffered a heart attack from acute emotional stress from being in proximity to the catastrophic failure of defendant's negligently-maintained power equipment. The court denied summary judgment.
Publication Date: 2023-04-17
Practice Area: Personal Injury
Industry: Real Estate | Retail
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Cohen
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-C-2256
Defendant sought summary judgment, arguing that plaintiff's response to its new matter pleading effectively admitted defendant did not own the property where plaintiff was injured. The court denied the motion because the parties' prior pleadings had already created a fact issue regarding the property's ownership.
Publication Date: 2023-04-17
Practice Area: Criminal Appeals
Industry:
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Steinberg
Attorneys: For plaintiff:
for defendant:
Case Number: CR-741-2020
The court recommended affirmance of appellant's sentence finding appellant was not prejudiced by having his charges tried together, his decision not to stipulate to a prior conviction at trial against counsel's advice was his to make, and the Commonwealth established that the crime actually occurred. Appellant was found guilty on counts related to theft and the unlawful possession of a firearm. Following the guilty verdict, the court ordered a presentence report and appellant received a total sentence of 30-84 months. Appellant filed
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