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Publication Date: 2023-09-11
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 761 C.D. 2022
Trial court abused discretion in denying without a hearing a petition to intervene nunc pro tunc in property conservatorship proceedings where it was patently obvious from the face of the record that proposed intervenor had an ownership interest in the property and was not served with notice of the conservatorship. Order of the trial court vacated, case remanded.
Publication Date: 2023-09-11
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 367 C.D. 2022
Trial court erred in ordering injunction that failed to return the parties to the status quo ante and effectively granted a permanent injunction despite plaintiff merely requesting preliminary injunctive relief. Order of the trial court vacated and remanded.
Publication Date: 2023-09-11
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 27 WAP 2022
Landowner appealed the Commonwealth Court's en banc decision affirming the trial court's order sustaining the preliminary objections of appellee Pennsylvania Department of Transportation to appellant's petition for the appointment of a board of viewers. The court held that the failure of appellee's predecessor in interest to comply with a statutory duty to ensure both the filing and the indexing of its highway right of way plan in county deed records meant appellee lacked an enforceable easement on appellant's property.
Publication Date: 2023-09-04
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-02843-RC
The court issued its decision after a bench trial in a real property boundary dispute between plaintiff and defendant. The court held that plaintiff held exclusive title and ownership interest in a 21 square foot disputed area between the parties' residential lots pursuant to the consentable line doctrine.
Publication Date: 2023-09-04
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 823 C.D. 2023
Trial court did not err or abuse its discretion in ordering the preliminary relief of entering, inspecting and vacating the occupants of the property but erred to the extent it simultaneously allowed demolition as a remedy to abate property violations based on the record in the case. Affirmed in part and vacated in part.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2023-09-04
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10974 OF 2022,C.A.
Plaintiff landlords sought summary judgment in their action against defendant tenants for breach of a residential lease and recovery of possession of the leased premises. The court granted plaintiffs' motion.
Publication Date: 2023-08-28
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 719 C.D. 2022
Trial court did not err in concluding DOT unreasonably exercised its police power in removing a pedestrian footbridge that was the only access to landowner's property, DOT's action constituted a de facto taking and trial court made the findings board of viewers needed to determine damages. Affirmed.
Publication Date: 2023-08-28
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 4297 Civil 2021
Plaintiff borough petitioned for a preliminary injunction requiring defendant property owners to raze a dilapidated structure. The court granted the preliminary injunction, ordering defendants to either repair the derelict building or raze it.
Publication Date: 2023-08-21
Practice Area: Real Estate
Industry: Health Care | Hospitality and Lodging
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2019-07345-PL
Defendants, as owners and landlords of real property leased to a nursing home tenant, sought summary judgment in plaintiffs' action for nursing home negligence. The court granted defendants' motion, rejecting plaintiffs' argument that the "dangerous condition" that caused a patient's injuries was a condition of severe understaffing due to financial hardships imposed on the tenant under its lease agreement.
Publication Date: 2023-08-07
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Bucks County
Judge: Judge Mellon
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-72332
Plaintiff appealed the court's decision to sustain defendant's preliminary objections, dismissing his complaint and striking the broker's lien against a property. Court filed an opinion in support of its order.
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