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Publication Date: 2019-08-05
Practice Area: Real Estate
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0913
Defendant condominium developer and seller moved to partially dismiss condominium association's action on its own behalf and on behalf of all unit owners alleging defective construction and the court dismissed the unjust enrichment claims because a written agreement governed; the fraud in the inducement, fraud, and negligent misrepresentation claims were barred by the parole evidence rule; the fraud and negligent misrepresentation claims were barred by the gist of the action doctrine; the negligent construction and supervision claims
Publication Date: 2019-08-05
Practice Area: Real Estate
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0900
In this case of first impression, the high court concluded that petitioners' proposed new use of their parcel for a seasonal cabin did not meet the requisite "strictest necessity" to justify taking a portion of a neighboring property under the Private Road Act where they had adequate access to their property for the existing use. The high court reversed the commonwealth court's ruling.
Publication Date: 2019-07-22
Practice Area: Real Estate
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0853
Trial court properly found that the settlement agreement between slip owners and community association required slip owners to share in the costs of capital improvements to common areas and for liability insurance on the boat dock and properly held owners in contempt because trial court properly interpreted and enforced the settlement agreement. Affirmed.
Publication Date: 2019-07-15
Practice Area: Real Estate
Industry: Automotive | State and Local Government
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0818
Trial judge properly granted a preliminary injunction barring appellants from operating an automobile repair and restoration business at their residence because the commercial business was in violation of local zoning ordinances and the time and manner restrictions were well within the trial court's discretion. Affirmed.
Publication Date: 2019-07-15
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0794
When the grantors conveyed to defendant a one-fourth interest in the subject property, which was unequal to the other interests held, they voluntarily severed the joint tenancy with right of survivorship and created a tenancy in common, thereby allowing for partition. The court granted plaintiff's motion for judgment on the pleadings.
Law Journal Press | Digital Book
Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich
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Publication Date: 2019-07-15
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0789
The covenants of the defendant homeowners' association granted it the right to enter individual lots in order to provide necessary maintenance but did not create a duty or obligation to enter individual lots to correct unattended problems. The court granted defendants' motions for judgment on the pleadings.
Publication Date: 2019-07-08
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0777
PennDOT moved to dismiss appellants' appeal of the dismissal of their de facto petition alleging a taking by PennDOT and the court found the trial court properly dismissed the action as moot since the issue, the true ownership of parcels of land, was the same as in appellants' earlier de jure petition which had been remanded for an evidentiary hearing. Motion granted.
Publication Date: 2019-06-17
Practice Area: Government | Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0705
Trial court properly concluded that township established the existence of a public road by prescriptive easement where township presented evidence that it had maintained, and the public had used, a connector road over private property for at least the prescriptive period of 21 years. Judgment affirmed.
Publication Date: 2019-05-13
Practice Area: Real Estate
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0467
Defendant was properly served, and she was barred from collaterally attacking the underlying foreclosure judgment. Plaintiff was entitled to an order ejecting defendant from the subject property.
Publication Date: 2019-05-13
Practice Area: Real Estate
Industry: Financial Services and Banking | State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0532
County recorders appealed the commonwealth court's reversal of the trial court's decision to overrule appellees' preliminary objections in recorders' action asserting 21 P.S. §351 mandated the recording of all conveyances, including mortgage assignments, and the court found the commonwealth court correctly held that §351 did not impose a mandatory duty to record. Affirmed.
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