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Publication Date: 2023-05-08
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 474 CV 2020
Plaintiff filed exceptions to a master's report and return of sale in plaintiff's action seeking partition of real property. The trial court approved and adopted the report and return of sale with an adjustment to award plaintiff recovery of her counsel fees as a sanction for defendant's obstructive conduct.
Publication Date: 2023-05-01
Practice Area: Real Estate
Industry: State and Local Government
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 2925
The court denied in part and sustained in part preliminary objections to a property damage suit on the basis that property owner plaintiffs failed to allege trespassory intent but satisfactorily alleged a nuisance claim on the basis that utility company defendant encroached onto their land.
Publication Date: 2023-04-10
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1426 C.D. 2021
Condemnees argued trial court erred in dismissing their objections to declarations of taking and court found its consideration of the appeal was impeded by the lack of specific findings of fact in the record and the matter had to be remanded to address issues as to how authority actually planned to use the properties and to whom the primary benefits would accrue. Vacated and remanded.
Publication Date: 2023-04-10
Practice Area: Real Estate
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Phipps
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1335
District court erred in dismissing property owner's challenge to the taking of an easement and arguing an unlawful taking, a violation of substantive and procedural due process, the amount of compensation was unjust because court found district court overextended Burford abstention, owner's §1983 claims for damages based on the unlawful acquisition of the easements had to be dismissed under Rooker-Feldman and ordered district court to adjudicate owner's just-compensation-related §1983 claims for damages against PennDOT officials in th
Publication Date: 2023-04-03
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 21 CV 5016
The court granted defendants' motion for summary judgment and dismissed plaintiff's claim for damages on the grounds that the damage to the property occurred prior to the time plaintiff was in possession of and the owner of the property.
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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Publication Date: 2023-04-03
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Younge
Attorneys: For plaintiff:
for defendant:
Case Number: 0206
Defendants' attempts to relitigate matters previously decided by other judges were inapposite where the sole issue in an ejectment action was a tax lien purchaser's right to eject defendants from residential property. The trial court awarded possession to the plaintiff and recommended that its decision be affirmed on appeal.
Publication Date: 2023-03-27
Practice Area: Real Estate
Industry: Financial Services and Banking | Construction | Real Estate
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 665 EDA 2022
Court affirmed verdict in breach of contract action where sufficient evidence supported finding that defendant breached contractual obligation by not intending to promptly complete property construction, which prevented plaintiff from closing on the property and making a profit on the sale. Order and judgment of the trial court affirmed.
Publication Date: 2023-03-27
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5716 CIVIL 2022
Defendants could not assert a counterclaim for invasion of privacy in plaintiffs' suit to eject them and recover possession of residential real property. The trial court sustained plaintiffs' preliminary objection to the invasion of privacy claim. To the extent defendants failed to plead a separate counterclaim with sufficient particularity, the court sustained plaintiffs' preliminary objection and allowed defendants to re-plead the claim.
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
Attorneys: For plaintiff:
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.
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