On August 19, 2014, the Pennsylvania Superior Court affirmed a trial court’s decision not to reduce accelerated damages awarded to a landlord to present value, thereby strengthening the landlord’s position with respect to acceleration clauses in an already landlord-friendly state. The case, Newman Development Group of Pottstown, LLC v. Genuardi’s Family Market, Inc. and Safeway, … Continue Reading
In September, the Pennsylvania Supreme Court unanimously decided in Reading Area Water Authority v. Schuylkill River Greenway, that a “water authority” may not condemn a utility easement over privately-owned land for the sole purpose of providing a private developer sewage and drainage facilities for a proposed residential housing development. The case is important because it … Continue Reading
this is a follow-up to an earlier blog post on this issue from March, 2014 On Thursday, August 14, 2014, the Supreme Court of Pennsylvania advised that it would consider the appeal from the Superior Court determination dated March 14, 2014 in the matter of Sheddon v. Anadarko E&P Co. LP. We will continue to update this … Continue Reading
On Thursday, July 17, 2014, in the matter of Robinson Township, et. al. v. Commonwealth of Pennsylvania, the Commonwealth Court of Pennsylvania issued the latest decision in the state judicial system’s ongoing review of amendments to Pennsylvania’s Oil and Gas Act (“Act 13”). Under a prior decision issued on July 26, 2012, the Commonwealth Court … Continue Reading
This post was also written by Joshua Leventhal In an effort to expedite the litigation process, reduce court costs and to offer contracting parties an alternative to arbitration, the New York State Supreme Court Commercial Division has adopted an “accelerated adjudication” rule, effective as of June 2, 2014, for all disputes exceeding $500,000. The “accelerated adjudication” … Continue Reading
On April 8, 2014, the Commonwealth Court of Pennsylvania issued its decision in Kraftdev Assoc., LLC v. East Cocalico Township Authority, affirming the trial court’s grant of summary judgment in favor of Kraftdev Associates, LLC (“Kraftdev”). In so doing, the Court clarified some important aspects of the scope and application of the Development Permit Extension … Continue Reading
This post was written by Joe Marger and Leah Speckhard The Supreme Court’s refusal in February 2014 to hear the real estate driven Ninth Circuit case, Salameh v. Tarsadia, provided Condo-hotel owners and developers with relatively clear guidelines on how to avoid securities issues and/or litigation when selling Condominium units. The determination of what constitutes … Continue Reading
On March 14, 2014, the Superior Court of Pennsylvania ruled in favor of an oil and gas exploration company, applying the doctrine of estoppel by deed to prevent a landowner from partially repudiating an existing oil and gas lease. This decision is significant for oil and gas lessees as it stands for the proposition that … Continue Reading
This is a follow-up to an earlier blog post on the PA Supreme Court Act 13 decision On Friday, February 21, 2014, the Pennsylvania Supreme Court announced that it would not reconsider its December, 2013 decision striking down as unconstitutional broad portions of the 2012 law amending Pennsylvania’s Oil and Gas Act (Act 13). Following the … Continue Reading
In a recent decision, the New York Court of Appeals held that a NYC proprietor could operate a restaurant on city-owned parkland located in Union Square notwithstanding the so called “public trust doctrine”. The restaurant will replace long-time neighborhood favorite Luna Park, which closed in 2007 at the time of a citywide park renovation initiative. … Continue Reading
