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Weekly Caselaw Updates

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Altoona First Saving Bank v. Twp. of Logan

An en banc panel of the Pennsylvania Commonwealth Court vacated an order of the Court of Common Pleas which had grated partial summary judgement in favor of Altoona First Savings Bank in the bank’s declaratory judgment action against a municipality and real estate developers. The trial court concluded the bank…

Altoona First Saving Bank v. Twp. of Logan
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court vacated an order of the Court of Common Pleas which had grated partial summary judgement in favor of Altoona First Savings Bank in the bank’s declaratory judgment action against a municipality and real estate developers. The trial court concluded the bank was not obligated to complete… Continue reading Altoona First Saving Bank v. Twp. of Logan

Pearlstein v. Commonwealth
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court issued a critical opinion for attorneys who advise clients regarding real estate sales. The Court affirmed the Board of Finance and Revenue, which held that a partnership should be assessed Personal Income Tax from the net gains from like-kind exchanges of real property, commonly called “1031… Continue reading Pearlstein v. Commonwealth

Slomowitz v. Kessler
Pennsylvania Superior Court

Three men formed three partnerships to own and operate Section 8 apartment buildings. The partner who was primarily responsible for the management of the properties died. The remaining two could not decide who was in charge. This litigation ensued. First, the Pennsylvania Superior Court ruled that one partner violated the partnership agreement by acting unbusinesslike… Continue reading Slomowitz v. Kessler

Keystone Specialty Services Co. v. Ebaug
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed an order from the Court of Common Pleas granting summary judgment in favor of the defendants in this commercial landlord-tenant dispute. But this opinion is less a lesson on landlord-tenant law and more one on legal writing. The tenant filed suit against its landlord when water damaged the tenant’s property.… Continue reading Keystone Specialty Services Co. v. Ebaug

Patel v. Kandola Real Estate
Pennsylvania Superior Court

The Pennsylvania Superior Court ruled that Appellant did not justifiably rely on representations made by Appellees. Appellee prepared a one-and-a-half-page prospectus that said a truck stop complex contained a “super volume” gas station and a “high volume” convenience store. The prospectus also made representations as to the complex’s approximate gross and net yearly income. Appellant subsequently… Continue reading Patel v. Kandola Real Estate

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