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Weekly Caselaw Updates

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Kravitz v. Murphy

The Appellate Division ruled that Governor Murphy acted within the scope of his powers when he issued Executive Order 128. That order permitted New Jersey residential tenants to use their security deposits to pay rent during the COVID-19 pandemic.

Kravitz v. Murphy
New Jersey Appellate Division

The Appellate Division ruled that Governor Murphy acted within the scope of his powers when he issued Executive Order 128. That order permitted New Jersey residential tenants to use their security deposits to pay rent during the COVID-19 pandemic.

Situs Prop., Inc. v. Jenkins Ct. Realty Co.
Pennsylvania Superior Court

The Pennsylvania Superior Court quashed as interlocutory an appeal taken by a property owner after the Court of Common Pleas upheld a commercial real estate broker’s lien. The lien was filed by a property manager after the property owner refused to pay a commission. The lien was placed pursuant to the Commercial Real Estate Broker… Continue reading Situs Prop., Inc. v. Jenkins Ct. Realty Co.

The Commonwealth Court reviewed an order of the Court of Common Pleas that overruled a property owner’s preliminary objections in a condemnation action. The primary issues were whether a municipal authority had the power to condemn the property to install electric transmission lines and whether the municipal agency adequately described the property sought to be… Continue reading In re Powell

2800 N. Broad St., LLC v. Pa. Dep’t of Transp.
Pennsylvania Commonwealth Court

The Department of Transportation appealed from an order overruling its preliminary objections to the petition for the appointment of a board of viewers filed by 2800 N. Broad Street, LLC (Condemnee) under 26 Pa.C.S. § 502. The Pennsylvania Commonwealth Court reversed and remanded with directions to grant Condemnee’s request for the appointment of a board… Continue reading 2800 N. Broad St., LLC v. Pa. Dep’t of Transp.

Talmadge Village LLC v. Wilson
New Jersey Appellate Division

The New Jersey Appellate Division heard a plaintiff’s appeal after an eviction proceeding. The trial court found in favor of the plaintiff and ordered the defendant ejected from the property. The court stayed issued a stay, per Governor Murphy’s order placing a moratorium on evictions during the pandemic. But the defendant was a squatter. The… Continue reading Talmadge Village LLC v. Wilson

Brown v. The End Zone, Inc.
Pennsylvania Superior Court

This was a multi-party appeal in which the Pennsylvania Superior Court spent more time wrestling with appellate procedure than on the issues raised. First, the court sua sponte questioned whether each party complied with Walker. After deciding the parties filed appropriate notices of appeal, the Court found that one defendant failed to property preserve some… Continue reading Brown v. The End Zone, Inc.

Pareja v. Princeton Int’l Prop.
New Jersey Supreme Court

Pareja v. Princeton Int’l Prop. The New Jersey Supreme Court adopted the “ongoing storm rule,” whereby landowners do not have a duty to remove snow or ice from public walkways until a reasonable time after the cessation of the storm.

Gates v. City of Pittsburgh Hist. Rev. Comm’n
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court agreed with Pittsburgh’s Historic Review Commission that the appellants lacked standing to challenge the Commission’s decision to allow changes to a historic home. A homeowner sought permission to swap aluminum windows for vinyl windows in their historic home. A neighbor within the same historic district spoke out against the swap. When… Continue reading Gates v. City of Pittsburgh Hist. Rev. Comm’n

Mkt. Square Prop. Dev., LLC v. TGRC, LLP
Pennsylvania Superior Court

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… Continue reading Mkt. Square Prop. Dev., LLC v. TGRC, LLP

Commonwealth of Pa. Dep’t of Transp. v. Bennett Family Prop., LLC
Pennsylvania Commonwealth Court

In Commonwealth of Pa. Dep’t of Transp. v. Bennett Family Prop., LLC (In re Condemnation by the Commonwealth of Pa. Dep’t of Transp. of Right-of-Way of State Route 0443, Section 02S, in the Twp. of Mahoning), the Pennsylvania Commonwealth Court affirmed an order that overruled preliminary objections in a condemnation action. The property owners claimed… Continue reading Commonwealth of Pa. Dep’t of Transp. v. Bennett Family Prop., LLC