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Publication Date: 2023-03-27
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 1196 C.D. 2021
Pennsylvania Department of Transportation appealed trial court's finding that landowners used two non-contiguous parcels for a unified purpose and were entitled to have the board of viewers assess damages as if the parcels were one parcel and court found trial court used the wrong legal standard and landowners did not establish they used the parcels for a unified purpose. Reversed.
Publication Date: 2023-03-20
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Murray
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for defendant:
Case Number: 636 WDA 2022
Appellant appealed a trial court order setting out the terms of the parties' agreement to settle their property trespass dispute and court found the order was not final, did not contain an injunction and was not appealable. Appeal quashed.
Publication Date: 2023-03-13
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: GD20-11000
Court terminated conservatorship for property where there was a pending foreclosure that precluded the appointment of a conservator and where the conservator had failed to discharge their duties. Intervenor's motion to terminate conservator granted.
Publication Date: 2023-03-13
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Fayette County
Judge: Judge Vernon
Attorneys: For plaintiff:
for defendant:
Case Number: 78 of 2021, G.D.
Claims to quiet title and adverse possession failed where evidence clearly showed that defendants owned the disputed property and had permitted plaintiff to use the disputed portions during the entire length of defendants' ownership of their parcel.
Publication Date: 2023-02-27
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10870 of 2021, C.A.
Plaintiffs offered sufficient evidence to establish the recognition and acquiescence to a consentable boundary in the form of an asphalt driveway, including the requisite time period, as well as evidence that the intent of the easement grant was to allow plaintiffs access over land belonging to defendants and their predecessors. The trial court recommended affirmance.
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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Publication Date: 2023-02-20
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: 5781 CV 2022
The court granted plaintiff landowner's petition to set aside an upset tax sale on the grounds that the tax bureau failed to present any credible evidence that they complied with the notice and service requirements under 72 P.S. §§5850.602 and 5850.607a of the Real Estate Tax Sale Law.
Publication Date: 2023-02-20
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 902 C.D. 2021
City appealed trial court's finding that it effectuated a de facto taking after landslide on city property left landowners' property condemned as unsafe and court found city had the police power to determine whether landowners' structure was structurally sound and to require studies of the structural safety of the foundation as part of the permitting process, city did not exercise the power of eminent domain and landowners failed to establish a de facto taking. Reversed.
Publication Date: 2023-02-20
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5949 CIVIL 2021
The court entered summary judgment in defendants' favor finding that although plaintiffs sought to expand the geographical area of an easement, plaintiffs improperly advanced their argument under the doctrine of boundary by consent, which, only applies to disputes regarding property boundaries rather than easements.
Publication Date: 2023-01-30
Practice Area: Real Estate
Industry: Education | Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: CV 22-00721
Plaintiffs' nuisance and trespass claims were insufficient to survive preliminary objections as the pleading did not contain any allegations that defendant's conduct caused the noise, trash or alleged illegal activity occurring on defendant's playground. The court sustained in part defendants' preliminary objections.
Publication Date: 2023-01-23
Practice Area: Real Estate
Industry: Real Estate | Retail | State and Local Government
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 4632
The court granted the state's petition seeking to enjoin a business from operating on the basis that the business was a drug-related nuisance under the Drug Nuisance Law and Pennsylvania common law. The court pointed to complaints which sufficiently described the negative effect the businesses had on the area and determined that enjoinment was warranted.
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