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  • Castaldo v. Dohn

    Publication Date: 2022-01-17
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1523

    Plaintiffs established their ownership of a disputed three-foot strip of land at the edge of their parcel where they demonstrated the recognition and acquiescence of an agreed-upon boundary line with defendants' predecessors in interest and acquiescence by defendants, who took no affirmative steps to protect their claim to the disputed strip. The court found in favor of plaintiffs.

  • Altoona First Sav. Bank v. Twp. of Logan

    Publication Date: 2022-01-10
    Practice Area: Real Estate
    Industry: Financial Services and Banking | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0011

    Trial court erred in granting partial summary judgment where there were outstanding factual disputes regarding whether a foreclosing lender assumed the mortgagor's proprietary development interests or willfully took on development activities. Partial summary judgment reversed, case remanded.

  • Smith v. Bonincontro

    Publication Date: 2021-12-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1369

    In this review pursuant to Rule 1925(a), the court affirmed its decision in this property line dispute and ordered the removal and restoration of four feet of a path that encroached on plaintiffs' property. Affirmed.

  • Saw Creek Estates Cmty. Ass'n, Inc. v. Fleming

    Publication Date: 2021-11-29
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1258

    While the language in defendants' deed did not impose any obligation to maintain a planned community's facilities, the language did not relieve them of an obligation to pay their fair share of costs to maintain such facilities where their deed provided them with a non-optional right to enjoy them. The court found in favor of plaintiff.

  • Morgan v. Millstone Res. LTD.

    Publication Date: 2021-11-29
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1383

    Appellant appealed the grant of permanent injunctive relief in property owners' trespass and nuisance action for rainwater runoff and court found owners' equitable claim was not barred by laches, the defenses of excuse and de jure authority did not apply and trial court provided adequate analysis to support a permanent injunction. Affirmed.

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  • Hedges v. Pennsylvania Dep't of Transp.

    Publication Date: 2021-11-22
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1250

    Plaintiff could not stop the Pennsylvania Department of Transportation from cutting down trees on her property as part of a construction project to widen a nearby highway where PennDOT established that it was entitled to 41 feet of land from roadway toward plaintiff's property as part of the safety-related condemnation and construction plan. The court granted the commonwealth's emergency petition for relief.

  • Daniels v. Olexa

    Publication Date: 2021-11-15
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1219

    The court held that plaintiff's complaint was factually insufficient where plaintiff did not refer to actual misrepresentations about mold on the subject property made by defendant. Complaint dismissed.

  • Davis v. Panarella

    Publication Date: 2021-11-01
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1124

    Plaintiffs were entitled to actual damages based on defendants' failure to disclose known defects in the real property being sold, and those actual damages under the Real Estate Seller Disclosure Law included attorney fees expended to bring this suit under the law. The court entered a judgment for plaintiffs.

  • In re: Condemnation by the Commonwealth

    Publication Date: 2021-10-25
    Practice Area: Real Estate
    Industry: Hospitality and Lodging | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1230

    Jury erred in awarding verdict in line with public agency's expert's valuation opinion where the expert erred in concluding what data could not be used for a fair market valuation and assumed facts directly opposed to the uncontroverted evidence offered by condemnee. Order of the trial court reversed, case remanded for new trial.

  • Sepsi v. McDonald

    Publication Date: 2021-10-11
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1036

    Plaintiffs established all the elements of an easement by implication where they proved an initial severance of adjoining properties and a subsequent use of the disputed area for entering their residence and accessing their back yard, which use was continuing, open and visible. The court granted plaintiffs declaratory relief.