This was an appeal from the order entered in declaratory judgment and quiet title actions. TGRG challenged the trial court’s finding that the lease restriction at issue did not encumber the property Appellee owned. The Pennsylvania Superior Court affirmed, agreeing with the trial court’s finding that a Non-Disturbance and Attornment Agreement did not create a … Read more
In Assoc. of Chapman Lake v. Long, the Longs owned property next to a lake, maintained a dock on the lake, and had used the lake recreationally since buying the land in 2007. The Associates of Chapman Lake, Inc., and Ken Srebro (“Associates”), who bought various parcels of land beneath the lake between 2007 and … Read more
In Kinney v. Lacey, the plaintiffs, all of whom owned lots surrounding a lake, filed an action in equity against 31 lot owners, alleging that they had violated deed restrictions by constructing and/or maintaining docks along the lake and interfering with the beach area strip surrounding the lake. The trial court ruled that a 2006 … Read more
Grove v. Lutz involved Seller’s attempt to extend a lease, and collect the lease payments, on a property after Seller had sold the property to Buyers. In 2015, twelve years after Seller sold the property to Buyers, Seller entered into an amended lease to continue to collect rents from a tenant on the property. Even … Read more
In Rialto-Capitol Codominiumn Assoc. v. Baldwin Assets Assoc. Renewal Co., the NJ Appellate Division permitted a condo association’s claim to proceed to trial. The claim was based on allegations that the actions of the defendants, who installed windows into units of an apartment building, altered the plaintiff’s buildings’ exterior appearance in a way that violated … Read more
In Edison Bd. of Educ. v. Zoning Bd. of the Twp. of Edison, the Appellate Division ruled that the Board of Education did not have standing to challenge the Zoning Board’s approval of a development application.
Kuhstoss sued the Steeles after the Steeles consistently used a road on Kuhstoss’s property to access the Steeles’ property. The Steeles filed an answer arguing they were entitled to a prescriptive easement over the property. The trial court granted the Steeles’ Motion for Injunctive Relief, prohibiting Kuhstoss from infringing on the Steeles’ use of the … Read more
After a jury trial, the Township of Manalapan appealed a condemnation award. The issue on appeal was whether the trial court erred when it admitted testimony that the condemned property’s highest and best use would require a variance without first determining whether there is a reasonable probability the variance would be granted. The Appellate Division … Read more