In 41 E. Palisade Ave Real Estate v. City of Englewood, the 3rd Circuit assessed the providence of the District Court’s order granting a preliminary injunction in favor of the developer of an assisted-living facility. The developer sought to build its facility in an area of town zoned for single-family homes, though the zoning code … Read more
In In re Consolidated Appeals of Chester-Upland Sch. Dist., the PA Supreme Court held that the value generated by a billboard on private property affects the valuation of that property in a tax assessment.
In Pineda v. Perry, the Superior Court held that a party may appeal directly from the grant of a permanent injunction, even when judgment has not been entered. The Court then reviewed a dispute over an easement that was granted as part of a recorded subdivision. The Court held the easement remained and could only … Read more
The Superior Court addressed standing in the context of a foreclosure action in MB Fin. Bank v. Rao. More specifically, the Court considered whether the plaintiff sufficiently proved that it owned a Lost Note Affidavit. The Court found that the pleadings and evidence at trial did establish the plaintiff’s ownership of the affidavit and thus … Read more
In Catanzaro v. Pennell, the Superior Court reiterated the pleading standard necessary to succeed on a action to quiet title. The Court ruled that the plaintiff failed to adequately plead her case because she failed to assert that she and the defendant had a competing claim to title in the disputed real estate.
In Johnson v. Phelan Hallinan & Schmieg, LLP, the PA Supreme Court held that the 2008 amendments to the Pennsylvania Loan Interest & Protection Law — which govern residential mortgages — do not apply retroactively to mortgages executed before the amendments took effect.
The Appellate Division ruled in State v. St. Mary’s Church Gloucester that the Eminent Domain Act of 1971 repealed a portion of N.J.S.A. 27:7-22. The latter statute had required the Commissioner of Transportation, upon taking property in eminent domain, to pay 6 percent interest on the judgment not previously held in ESCROW. However, the Eminent … Read more
In Guiser v. Seiber the Superior Court quashed the appeal, in part, because the appellant did not wait for the trial court to rule on post-sentence motions and enter judgment. But the Court reviewed an order granting injuctive relief because a party has a right to appeal immediately from such relief. The Court held that the trial … Read more
The NJ Supreme Court determined in Crispino v. Twp. of Sparta that the methodology for valuing a special assessment under the Dam, Lake, and Stream Project Fund for an improvement on a private lake community’s dam is the same methodology found in Title 40. Under that test, the Court invalidated the special assessment at issue, finding … Read more
In Christian Mission John 3:16 v. Passaic City, the New Jersey Supreme Court held that “actual use” of a property to store items of a religious nature or related to the operation of a church can be sufficient to qualify for tax exemption under N.J.S.A. 54:4-3.6.