On September 28, 2011 the Pennsylvania Supreme Court handed down a unanimous decision in Piper Group, Inc., et al v. Bedminster Township Board of Supervisors and Bedminster Township (Pa. 2011), one which clarified the pending ordinance doctrine and will likely impact the manner in which zoning ordinances are challenged in the Commonwealth. The dispute revolved around a proposed high-density residential development in an area zoned as an Agricultural Preservation (AP) District in Bucks County. In light of a de facto zoning ordinance challenge, the Piper Court ruled that ordinance defects are to be resolved by the appropriate local Board, even [...]

The recent case of Goldstein v. The Zoning Hearing Board of the Township of Lower Merion, 19 A.3D 565 filed on April 21 by the Commonwealth Court emphatically illustrates the importance of not disregarding the mandates of local ordinances when constructing additions or new structures on one’s real estate. As we shall soon see, neither the long-standing nature of a nonconformity, the expense of compliance, nor the acquiesance of one’s immediate neighbors will afford relief to the landowner when a hardship is not directly tied to a pre-existing unique physical condition on one’s property.

William and Frances Goldstein (hereinafter “landowners”) constructed [...]

A hypertechnical distinction can rear its ugly head at any given time, even when a litigant has been prudent throughout, successfully navigating the confession of judgment rules for instance. The Home Savings v. Irongate decision, 2011 PA Super 72; 2011 Pa Super LEXIS 140  (hereinafter Irongate) just handed down by our Superior Court on April 8, 2011, is a stark reminder that judgment creditors must strictly adhere to every statutory mandate during the course of judgment enforcement, no matter how technical some of these requirements can be.  Mortgagees and mortgagors alike would be remiss not to pay close attention to [...]

A common situation that arises when it comes to renting an apartment jointly with someone else, be it a friend or significant other, is the time when the two can no longer functionally live together. Take for example the following scenarios:

1. Significant others or spouses going through a split or separation
2. A roommate at college who decides to drop out in the middle of the year
3. A friend or family member who refuses to pay their respective share of rent and/or utilities

The first thing that needs to happen is the communication of the problem or situation that exists to the landlord. You do not [...]

Please enjoy my latest collaborative effort with James Lammendola, Esq., set to appear in The Legal Intelligencer.

The Commonwealth Court case of Yvonne Jewell and Jewell Realty Company v. State Real Estate Commission 2011 Pa. Commw. Unpub. Lexis 162 is a glaring example of the pitfalls associated with assuming responsibility for a client’s money and legal implications of permitting a simple inquiry as to its status to fester. Denial and its consequent inaction could lead to drastic consequences when one is finally called to task for errors of omission, as a real estate broker recently learned the hard way.

The Jewell [...]

Real Estate transactions take place all over the country on a daily basis. They occur with great frequency and in many cases a Real Estate Attorney (lawyer) is not involved. Below are just a few example scenarios where you might need to call in someone who is an expert in real estate legal matters.

Zoning

Are you on your way to becoming the next big real estate investor? Thinking about flipping or renting a property? Then you definitely will want to retain the services of a legal professional versed in this area. Local zoning codes can be very complicated, and with [...]

Authored by: Harper Dimmerman & James M. Lammendola
The Descriptive/Normative Tension In Land Development

James M. Lammendola & Harper J. Dimmerman

Some may contend that the concept of real estate development, by its very definition, requires at least some modicum of vision aimed at meeting future demand in the marketplace. In fact, some developers have the capacity to manufacture demand, creating a community so enticing that buyers, who may not have originally been targeting a specific locale, alter their perception of what they want or even need. In other words, there are those projects that have the potential to spark [...]

In a case that has the potential to alter or abolish the procedure by which landlocked property owners are afforded relief, the Supreme Court of Pennsylvania appears to have left the constitutionality of Pennsylvania’s Private Road Act in grave doubt. Continue reading →

It’s a rare occurrence but every once in a while I have the luxury of indulging in a bit of channel surfing. This afternoon the excitement lasted for a whole thirty minutes or so, until the house phone rang and woke the sleeping baby. Anyway, I wound up selecting one of those History Channel documentaries (the only HD channel playing anything remotely entertaining – those commercials are all hype), the sort that make you feel like you’re actually learning, justifying the time wasted by zoning out to TV. The subject was entertainment in the Roman Empire, which [...]