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Daily Business Review

Arnstein & Lehr Team Arranges $154M Loan to Redevelop Las Olas Riverfront

Arnstein & Lehr partner Luis Flores helps lead the way for Property Markets Group's first Fort Lauderdale project.
4 minute read

The Legal Intelligencer

DeMarco v. Acker, et al, PICS Case No. 17-1018 (C.P. Carbon May 16, 2017) Serfass, J. (16 pages).

Plaintiffs established title to a disputed portion of land between the parties' adjoining parcels through a "consentable boundary" where the evidence demonstrated that the parties and their predecessors used two fences on the disputed property as a consentable boundary for 40 years. The court entered judgment for plaintiffs.
6 minute read

The Legal Intelligencer

In re Petition of the Borough of Downingtown, PICS Case No. 17-1048 (Pa. June 20, 2017) Todd, J. (55 pages).

Donated or Dedicated Property Act restrictions applied to property purchased with Project 70 Act funds that was later dedicated to the public use, and such restrictions could not be eliminated by a Project 70 Act legislative release. Orders of the commonwealth court vacated and reversed.
7 minute read

The Legal Intelligencer

Slice of Life, LLC v. Hamilton Twnshp. Zoning Hearing Bd., PICS Case No. 17-1055 (Pa. Commw. June 21, 2017) Cosgrove, J. (25 pages).

Trial court erred in finding that appellants' use of home in a single-family residential district as a transient rental property violated the zoning ordinance because the language of the ordinance did not bar appellants' use of the property and township did not meet its burden of showing that appellant's use of the property was a substantial threat to the health and safety of the community. Reversed.
3 minute read

The Legal Intelligencer

Miller v. Yost, PICS Case No. 17-1027 (C.P. Carbon Jun. 23, 2017) Serfass, J. (11 pages).

The failure to join one of the record owners of real property as a party to this easement proceeding deprived the court of subject matter jurisdiction, because all owners of the subject property were indispensable parties. Adjudicating the matter without joining one of the record owners violated that person's due process rights.
3 minute read

New Jersey Law Journal

Ties to Developer Don't Upend NJ Judge's Housing Rulings

Past affordable housing rulings made by now-retired Superior Court Judge Douglas Wolfson, challenged by the township of South Brunswick based on the judge's long-term personal and professional relationship with a developer, will stand, a trial court decided Thursday.
5 minute read

New York Law Journal

Realty Law Digest

Scott E. Mollen discusses '159-MP Corp. v. CAB Bedford,' where the plaintiff/lessor of a Food Town grocery store failed to get an injunction against the landlord of a Whole Foods store opening up nearby.
27 minute read

Daily Business Review

Latham Partners Lawyer Cites Dog Racism in Condo Dispute

A breach of contract or dog racism? It depends on who you ask.In a complaint filed last week in New York state court against Michelle Kelban-Carteron, the board of managers at the Chelsea Modern condominium in Manhattan's Chelsea neighborhood allege that the co-chair of Latham & Watkins' real estate practice committed breach of contract by owning and harboring an aggressive pit bull in her unit.
3 minute read

New York Law Journal

Islamic Comm. Center For Mid Westchester v. City of Yonkers Landmark Preservation Board

As-Applied Challenges to Landmark Resolution Not Ripe for Adjudication; Bias Suit Dismissed
1 minute read

The Legal Intelligencer

Borough of West Conshohocken v. Soppick, PICS Case No. 17-0969 (Pa. Commw. June 12, 2017) Leavitt, J. (15 pages).

Borough could not bring enforcement proceeding of a stop work order and impose fines for violation of the zoning ordinance where a landowner's appeal of that order and violation was pending. Summary judgment reversed.
3 minute read

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