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  • Schwartz v. Chester County Agric. Land Preservation Bd.

    Publication Date: 2018-03-20
    Practice Area: Environmental Law | Land Use and Planning
    Industry: Non-Profit | Real Estate
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0280

    Trial court erred in denying boards motion to dismiss appellants petition for review of boards letter determining that composting opera-tion was not a violation of the conservation easement on the land because no law gave appellant a third party right to enforce the ease-ment and the boards letter was not an adjudication under the local agency law.

  • United Envtl. Group, Inc. v. GKK McKnight, LP

    Publication Date: 2018-01-16
    Practice Area: Environmental Law
    Industry: Construction | Energy
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0030

    Trial court erred in holding that appellants CASPA claims were foreclosed as a matter of law because those claims were never tried before any factfinder but trial court properly declined to enter JNOV on appellees assertion a sales agreement made seller of property responsible for the environmental cleanup because the evidence allowed the jury to conclude that the parties agreed to alter their contract. Reversed in part, affirmed in part.