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  • M4 Holdings, LLC v. Lake Harmony Estates Prop. Owners' Ass'n

    Publication Date: 2020-08-31
    Practice Area: Real Estate
    Industry: Construction | Real Estate
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0942

    Adoption of amendment to bylaws by property owners' association via email thread not valid where bylaws expressly only permitted electronic meetings via "conference telephone" or similar technology. Order of the trial court affirmed.

  • Guiser v. Sieber

    Publication Date: 2020-08-17
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0886

    Trial court erred in ordering injunctive relief under a theory of easement by prescription where trial court failed to resolve whether road over which the alleged easement ran was a private road, or a public road that would require the joining of municipalities as indispensable parties. Appeal quashed in part; vacated and remanded in part.

  • Rohrbach v. NVR, Inc.

    Publication Date: 2020-07-13
    Practice Area: Real Estate
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rufe
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0736

    Defendant moved to dismiss all of plaintiffs' tort claims over defects in a new home and court dismissed the negligence, negligent supervision, fraudulent inducement and Pennsylvania Unfair Trade Practices and Consumer Protection Law claims but denied the motion to strike remedies for breach of implied warranty claim. Motion granted in part and denied in part.

  • Sec'y of Veterans Affairs v. Quesinberry

    Publication Date: 2020-07-06
    Practice Area: Real Estate
    Industry: Federal Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0568

    In this ejectment action, the court held that defendant was not permitted to collaterally attack the sheriff's sale conducted in the underlying mortgage foreclosure proceeding. The court granted plaintiff's motion for summary judgment.

  • Kuhstoss v. Steele

    Publication Date: 2020-07-06
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0705

    Trial court erred in granting preliminary injunctive relief in counterclaim for prescriptive easement where claimants sought easement across unenclosed woodland and were therefore precluded from obtaining a prescriptive easement under the Unenclosed Woodlands Act.

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  • MIMS Realty, LLC v. Speedway, LLC

    Publication Date: 2020-06-22
    Practice Area: Real Estate
    Industry: Retail | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0541

    Plaintiff's complaint failed to aver facts sufficient to establish a private easement over a vacated city alleyway where the pleading failed to allege that the subject lot was sold according to a plan of lots and the street in question had not been previously opened or projected as a public street. The court sustained defendant's demurrer.

  • In the Matter of: Condemnation by the Franklin Twp. Sewage Auth.

    Publication Date: 2020-06-22
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0639

    Where sewer authority made good faith efforts to prevent overflow of sewage onto landowner's property, authority could not be said to have engaged in a purposeful and deliberate sewage plan under which overflows would constitute a de facto taking. Order of the trial court affirmed.

  • Houk v. Wischerman

    Publication Date: 2020-06-22
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0512

    Plaintiff was entitled to the partition of certain property she held with defendant as tenants in common where the parties could no longer continue to own the property jointly, but plaintiff had assumed all payments to maintain the property while defendant stop contributingdespite living therein. The court granted plaintiff's request to partition.

  • Ashdale v. Guidi Homes, Inc.

    Publication Date: 2020-06-15
    Practice Area: Real Estate
    Industry: Construction
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0518

    Plaintiffs' claim for construction defects fell under a statutory exception, so it was not barred by the statute of repose.

  • Philadelphia Redevelopment Auth. v. Atuahene

    Publication Date: 2020-05-11
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0486

    Trial court properly denied appellant's petition for appointment of a board of viewers because he sought damages from city's alleged exercise of its police power rather than damages from authority's exercise of eminent domain and matter was not properly before the court but trial court should have held a hearing or ordered discovery as to whether authority's mailings went to the last address authority was charged with knowing. Affirmed in part and vacated in part.