• Hurley v. Smith

    Publication Date: 2024-09-27
    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: 2022 CV 2064

    Plaintiff filed suit for a declaratory judgment that he held a superior possessory interest over an individual defendant in certain property and that deed ownership in the property should be vested in him. The court held that plaintiff's claimed interest under a municipal delinquent tax sale was not superior to the individual defendant's interest where plaintiff had failed to pay outstanding municipal liens against the property. The court held further that plaintiff was entitled to a refund from defendant city in the amount that he pa

  • Weaver v. Schuylkill County Tax Claim Bureau

    Publication Date: 2024-09-27
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1375 C.D. 2022

    The court affirmed the order of the Court of Common Pleas of Schuylkill County denying and dismissing appellant's objections and petition to vacate the Tax Claim Bureau's private sale of appellant's property.

  • Hoss Land Co. v. Thorson

    Publication Date: 2024-09-20
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Beck
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1551 MDA 2023

    Court found trial court did not abuse its discretion in entering default judgment as a sanction for defendant's willful failure to comply with discovery obligations and withholding records necessary to determine the amount owed on the mortgage at issue. Order of the trial court affirmed.

  • Sensenig v. Greenleaf

    Publication Date: 2024-09-20
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 876 WDA 2023

    Trial court erred in denying appellants' petition for reimbursement from neighbors for proportional expenses for repairing an easement across appellants' land because under the plain and unambiguous language of the settlement agreement and easement deeds, the easement owners and appellants agreed and covenanted to share the costs of any "maintenance." Reversed.

  • Villella v. Guerriere

    Publication Date: 2024-09-20
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1986 of 2021, G.D.

    Real estate agents and their real estate agency sought summary judgment in buyers' action alleging misrepresentations in the sale of real property. The court denied the summary judgment motion in part and granted it in part. The court held in pertinent part that plaintiffs stated claims for intentional misrepresentation and violation of the Unfair Trade Practices and Consumer Protection Act where evidence created fact questions whether sellers' real estate agent knowingly misrepresented the ownership and legality of a gravel driveway

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Citadel Wellwood Urban Renewal LLC v. Borough of Merchantville

    Publication Date: 2024-09-17
    Practice Area: Real Estate | Tax
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-3239

    Citadel Wellwood Urban Renewal LLC appealed the district court's summary judgment in favor of the Borough of Merchantville and associated defendants.

  • Keefer v. Klinger

    Publication Date: 2024-09-13
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1652 MDA 2023

    Court quashed appeal where partial judgment on the pleadings left multiple disputes outstanding. Appeal quashed.

  • Wolfe v. Reading Blue Mountain & N. R.R. Co.

    Publication Date: 2024-09-06
    Practice Area: Real Estate
    Industry: Transportation
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 73 MAP 2023

    The court reversed the Commonwealth Court and remanded for reinstatement of the trial court's order dismissing the condemnation action where appellants proved that the public was not the "primary and paramount beneficiary" of the taking.

  • In re: Mt. Vernon Tenants Ass'n, Inc.

    Publication Date: 2024-08-23
    Practice Area: Real Estate
    Industry: Hospitality and Lodging | Non-Profit | Real Estate
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 962 C.D. 2022

    The court affirmed the order of the Court of Common Pleas of Beaver County granting the application of Lowell Lundy to liquidate and dissolve the Mt. Vernon Tenants Association, Inc. and appoint a liquidating receiver for the association under § 5981 of the Nonprofit Corporation Law of 1988, 15 Pa. C.S. § 5981.

  • Grit Drexel, LLC v. Crescent Abstract, LLC

    Publication Date: 2024-08-16
    Practice Area: Real Estate
    Industry: Insurance | Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 01466

    Appellant title company appealed the court's order granting default judgment in favor of appellee property owner. The court concluded that its decision should be affirmed where appellant failed to timely petition to open default judgment, failed to plead a meritorious defense, and failed to demonstrate any legitimate excuse for its failure to appear prior to entry of default judgment against it.