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Publication Date: 2023-01-16
Practice Area: Real Estate
Industry: Entertainment and Leisure | Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-01056
Allegations that defendant altered an easement on a tract of land such that plaintiffs could only access their property by using a particular vehicle, which was likely to be damaged due to the alterations, were sufficient to support causes of action for interference with the use of the easement and trespass upon property rights. The court overruled defendant's preliminary objections.
Publication Date: 2023-01-09
Practice Area: Real Estate
Industry: State and Local Government
Court: Courts of Common Pleas, Bucks County
Judge: Judge Fritsch
Attorneys: For plaintiff:
for defendant:
Case Number: 21-01250
The court found for appellee on an appeal challenging service of process for a declaration of taking and declaration of blight. The court disagreed with appellant that service was not proper, finding instead that appellee had made sufficient efforts to properly serve appellant. The court further found that appellant failed to timely respond to appellee's preliminary objections and further failed to file a request for good cause to show why the filing was untimely.
Publication Date: 2022-12-29
Practice Area: Real Estate
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1044
Defendants appealed the district court's remand order.
Publication Date: 2022-12-26
Practice Area: Real Estate
Industry: Construction | Real Estate
Court: Commonwealth Court, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 1189
The court found for plaintiff in an ejectment action seeking to eject a defendant who had defaulted on her mortgage nearly 12 years ago and had forfeited the property to plaintiff during a sheriff's sale. Moreover, although defendant filed numerous frivolous filings, the court dismissed the arguments and further granted the plaintiff's request for sanctions.
Publication Date: 2022-12-19
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 2017-03442
While defendant's proposed remedy for the abatement of water flow from his property to plaintiffs' property was arguably inadequate to abate excess water runoff, it was more closely tailored to the extent of the actionable conduct than plaintiffs' suggestion, which went beyond the modification necessary to address the impact of the conduct at issue. The court recommended affirmance.
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Publication Date: 2022-12-12
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Bucks County
Judge: Judge Trauger
Attorneys: For plaintiff:
for defendant:
Case Number: 2020-02103-40
The court found for plaintiff landowner who sought to eject previous owners who failed to vacate the property following a foreclosure action and judgment. The court was persuaded by the fact that plaintiff established a clear chain of title and further dismissed defendants' arguments of fraud as barred by the doctrine of collateral estoppel.
Publication Date: 2022-12-12
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Bucks County
Judge: Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 2019-05638
Defendant failed to cite any authority for, or persuade the court of, the proposition that its filing of a last-minute temporary restraining order precluded the sheriff from continuing with a scheduled sale of a foreclosed property, as the filing was clearly an attempt to once again postpone the sale. The trial court recommended affirmance.
Publication Date: 2022-12-12
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1453 C.D. 2021
Trial court properly overruled landowner's preliminary objection to the declaration of taking filed by redevelopment authority because evidence supported trial court's finding that landowner was served with the notice of blight and had actual notice by at least 2018 and landowner did not establish authority acted in bad faith. Affirmed.
Publication Date: 2022-12-05
Practice Area: Real Estate
Industry: State and Local Government
Court: Courts of Common Pleas, Bucks County
Judge: Judge Corr
Attorneys: For plaintiff:
for defendant:
Case Number: 2019-02119
Court denied petition to set aside a sheriff's tax sale finding that the Tax Claim Bureau properly noticed petitioner under 75 P.S. §5860.602 by sending notice by United States registered mail, posting a notice of sale on each of the properties and publishing notice of the tax upset sale in the local newspaper.
Publication Date: 2022-12-05
Practice Area: Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 2017 EDA 2021
Second trial judge could grant a previously-denied motion to confirm arbitration award where internal appellate process had been closed and the arbitration panel considered the award final, requiring the trial court to confirm the award and rendering the initial denial of the motion erroneous. Order of the trial court affirmed.
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