• Price v. Menallen Twp.

    Publication Date: 2022-07-18
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0721

    Plaintiff failed to demonstrate that any alleged health condition prevented him from discovering a purported cause of action against defendants by the exercise of due diligence; therefore, no equitable exception to the statutory limitation was warranted. The court granted defendants' motion for summary judgment.

  • Andrien v. Gerber

    Publication Date: 2022-07-11
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Mahon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0692

    Where plaintiffs offered credible testimony that their family had owned, controlled and maintained certain property since 1984 and explicitly opposed defendant's claim to that property several times during the prior 21 years, defendant failed to demonstrate that she owned the property through adverse possession. The court of common pleas recommended affirmance.

  • Bussard v. Pennsylvania Dep't of Conservation & Natural Res.

    Publication Date: 2022-06-27
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0708

    State board of property erred in dismissing petition to establish ownership of property where petitioners presented documentation creating a genuine factual dispute regarding the validity of a patent issued by the commonwealth to petitioners' predecessor-in-interest. Order of the state board of property reversed, case remanded.

  • Evelhair v. Little League Baseball Inc.

    Publication Date: 2022-06-27
    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: 22-0665

    Plaintiffs' claim for money damages could not be grounded on a count seeking solely to establish their right to injunctive relief in this dispute over an easement, and their complaint did not contain allegations sufficient to constitute "unreasonable interference" with their use of that easement under Pennsylvania law. The court sustained defendant's preliminary objections.

  • Frezghi v. Tesfamariam

    Publication Date: 2022-06-20
    Practice Area: Real Estate
    Industry: Legal Services | Real Estate
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0681

    Representation of plaintiff by a non-attorney did not divest the trial court of subject matter jurisdiction, and thus the trial court erred in vacating its judgment and ordering a new trial. Order of the trial court reversed, case remanded.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • O'Brien v. McQueen

    Publication Date: 2022-05-30
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0502

    The court refused to strike plaintiffs' negligence claims based on the gist of the action doctrine since the Home Inspection Law creates a duty on behalf of a home inspector, thereby creating a relationship between the parties during which the tort of negligence was allegedly committed. The court denied defendant's preliminary objections in part.

  • Lynnwood Acres LLC v. Harris

    Publication Date: 2022-05-30
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0494

    Defendant "abandoned" her mobile home, as defined by the Manufactured Home Community Rights Act, where she was absent from the home for more than 30 days and had not paid rent since a judgment was entered against her while also becoming delinquent on real estate taxes and water and sewer service charges. The court granted plaintiff's statement of objection.

  • Firedex of Butler, Inc. v. Watkins

    Publication Date: 2022-05-30
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0498

    In this mechanic's lien matter, the court sustained preliminary objections striking defendant's counterclaim and certain affirmative defenses, but it allowed defendant to amend his responsive pleading.

  • Dynasty Custom Homes, Inc. v. Gemni Lake

    Publication Date: 2022-05-23
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0491

    Where defendant occupied plaintiff's real property pursuant to an installment sale contract and did not take title to the property, there was no mortgage on the property and, thus, defendant did not qualify for the county's residential mortgage foreclosure diversion program. The court of common pleas granted plaintiff's request for ejectment.

  • Porter v. Nikita Lodging, Inc.

    Publication Date: 2022-05-16
    Practice Area: Real Estate
    Industry: Construction | Real Estate
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0550

    Appellants appealed the imposition of sanctions for their failure to comply with a court order to stabilize a family cemetery that appellants' construction had threatened and court found appellants failure to timely appeal a November 2019 order issuing an injunction waived any issues relating to that order and the September 2021 order imposing sanctions of $397,000 was not final and appealable. Appeal quashed.