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  • Kowalski v. TOA PA V, L.P.

    Publication Date: 2019-04-15
    Practice Area: Damages | Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0427

    Trial court correctly reversed nonsuit on trespass claim where development of uphill property was not natural use of the property and thereby attached liability for continuing trespass. Judgment of the trial court affirmed in part and reversed and remanded in part.

  • Cunningham v. Cronin

    Publication Date: 2019-04-01
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0368

    Trial court erred in finding that appellants did not have an easement over a lot marked as open space on the plan for the development and in finding that if the easement existed, a tax sale extinguished the easement because appellants' deeds referenced the plan and appellants' lots were sold in accordance with the plan, appellants had an easement and the tax sale did not extinguish it. Reversed.

  • Maisano v. Avery

    Publication Date: 2019-03-11
    Practice Area: Deals and Transactions | Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0237

    Trial court properly found that appellee breached a property sale agreement with appellants but erred in declining to award the purchase price as damages because a claim for specific performance was a demand for the purchase price. Reversed and remanded.

  • Greene Street Friends School v. Bateman

    Publication Date: 2019-03-04
    Practice Area: Real Estate
    Industry: Education | Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Fox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0220

    Property owners waived the right to object to a remediation order where they failed to file any post-trial motions. Additionally, the evidence supported the conclusion that the property was abandoned and blighted.

  • Maisano v. Avery

    Publication Date: 2019-03-04
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0237

    Trial court could entertain real estate seller's action for specific performance of a sales agreement since specific performance would merely be an action for damages in the amount of the purchase price. Judgment affirmed in part and reversed in part, case remanded.

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  • Szabo v. Dep't of Transp.

    Publication Date: 2019-03-04
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0239

    Commonwealth court properly reversed the trial court's denial of appellees' petition for an evidentiary hearing in a condemnation case even though the time for filing preliminary objections had passed because DOT misled appellees by inadequately identifying the extent or effect of the taking and denied them the opportunity to secure just compensation. Affirmed.

  • Dobson Park Mgmt., LLC v. Prop. Mgmt., Inc.

    Publication Date: 2019-02-26
    Practice Area: Fee Disputes | Real Estate
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0203

    Trial court erred in granting judgment to plaintiff for return of funds where voluntary payment of funds without compulsion, despite being made under protest, was an insufficient basis for a legal cause of action for recovery. Orders of the trial court reversed, case remanded.

  • Jacobs v. Stephens

    Publication Date: 2019-02-26
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0206

    Trial court properly held that husband and plaintiff owned a house as tenants in common and directed partition of the property because both parties executed the tenancy by entirety deed under the honest but mistaken assumption that husband's prior marriage was invalid and they intended to convey some interest in the property to plaintiff but trial court erred in combining that decision with calculations as to val-ues of the parties' respective ownership rights. Judgement vacated and remanded.

  • Assalita v. Midtown Square Condo. Ass'n

    Publication Date: 2019-02-26
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0209

    Trial court properly found condominium unit owner responsible for repairs to the limited common element waterline that served only her unit because the declaration ruled over the allegedly conflicting bylaw but trial court erred in assessing the amount due. Affirmed.

  • Randell v. Hardin

    Publication Date: 2019-02-19
    Practice Area: Deals and Transactions | Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0171

    The court dismissed claims against a real estate agent who had no actual knowledge of violations of the disclosure law, but it denied summary judgment as to another agent whose conduct suggested she may have known the sellers' disclosure statements were inaccurate.