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Publication Date: 2023-03-21
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Conner
Attorneys: For plaintiff: Olga K. Beskrone, Community Legal Aid Society, Inc., Wilmington, DE for appellant.
for defendant: David C. Zerbato, Robert J. Valihura, Morton, Valihura & Zerbato, LLC, Greenville, DE for appellees.
Case Number: S21A-11-001 MHC
Court upheld arbitration decision granting housing community owner's request for a rent increase where owner had expended funds for capital improvements in the community and had presented credible evidence of the market rent.
Publication Date: 2023-03-14
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: David E. Matlusky, The Matlusky Firm, Wilmington, DE for plaintiff.
for defendant: Evan Rassman, Emily Letcher, Cohen Seglias, Palias, Greenhall & Furman, P.C., for defendants.
Case Number: N22C-08-453 FJJ
The court denied a motion to dismiss a claim for waste on the grounds that plaintiff's claims sufficiently laid out a claim for waste on the grounds that plaintiff sufficiently pled that a mortgage encumbered a property that he had a certain future interest in and therefore his claims fell squarely within the jurisdiction of the superior court.
Publication Date: 2023-03-14
Practice Area: Insurance Law
Industry: Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Nicholas M. Insua, Princeton, NJ for plaintiff.
for defendant: Curtis J. Crowther, Robinson & Cole LLP, Wilmington, DE; Gregory P. Varga, Jonathan E. Small, Robinson & Cole LLP, Hartford, CT for defendant.
Case Number: N22C-03-147 MMJ CCLD
Court lacked personal jurisdiction over New York insurer which had issued policy through a New York broker to insure property located in New York City.
Publication Date: 2023-02-28
Practice Area: Public Utilities
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: L. Vincent Ramunno, Ramunno & Ramunno, P.A., Wilmington, DE for plaintiff
for defendant: Colin D. Dougherty, Fox Rothschild LLP, Blue Bell, PA; Courtney A. Emerson, Artesian Water Company, Inc., Wilmington, DE for defendant.
Case Number: N22C-06-109 PRW
Breach of contract and fraud claims dismissed where public utility regulations plainly applied to parties' subsequently adopted water services agreement and the agreement explicitly referenced the applicability of the regulation to the agreement.
Publication Date: 2023-02-14
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Daniel F. McAllister, McAllister Firm, LLC, Wilmington, DE for petitioner.
for defendant: James H. McMackin, III, Michelle G. Bounds, Morris James LLP, Wilmington, DE for defendants.
Case Number: N22C-03-190 FWW
Taxing entity improperly exercised discretion to deny refund request where taxpayer had undisputedly overpaid its property taxes due to the county's erroneous assessments.
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Publication Date: 2023-02-14
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Richard L. Abbott, Abbott Law Firm, Wilmington, DE for plaintiff.
for defendant: Max B. Walton, Lauren P. DeLuca, Erica K. Sefton, Connolly Gallagher LLP, Wilmington, DE for defendants.
Case Number: 2021-1106-MTZ
Chancery court lacked subject matter jurisdiction over challenge to denial of special use permit by city council, which had acted in quasi-judicial capacity in denying the permit application and thus allowed for a remedy at law.
Publication Date: 2023-02-14
Practice Area: Insurance Law
Industry: Hospitality and Lodging | Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Lisa C. McLaughlin, Todd L. Goodman, Phillips Mclaughlin & Hall, P.A., Wilmington, DE for plaintiff.
for defendant: Brian T. McNelis, Young & McNellis, Dover, DE for defendant.
Case Number: N21C-06-006 CEB
The court granted defendant's motion for summary judgment finding that plaintiff insurer could not bring a subrogation claim against defendant renter whose rent payments contributed to the apartment complex's insurance premium.
Publication Date: 2023-02-07
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Michael L. Vild, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
for defendant: Robert A. Penza, Christina B. Vavala, Polsinelli PC, Wilmington, DE: Llynn K. White, Polsinelli PC, St. Louis, MO; John A. Sensing, Carson R. Bartlett, Potter Anderson & Corroon LLP, Wilmington, DE; Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendants.
Case Number: N22C-03-103 AML CCLD
Plaintiffs were not entitled to declaratory judgment on their breach of contract and quiet title claims where their proffered interpretation of their contracts with their lenders and mortgage insurers were unreasonable as it would effectively absolve plaintiffs from their obligation to make their final balloon loan payment.
Publication Date: 2023-01-31
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-11161 (BLS)
The court overruled the creditor's objections to a debtor's Chapter 13 plan on the basis that they disagreed as to the classification of his real property which further included a mobile home.
Publication Date: 2023-01-17
Practice Area: Real Estate
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: David C. Hutt, Michelle G. Bounds, Morris James LLP, Georgetown, DE for petitioner.
for defendant: Dean Campbell, Law Office of Dean A. Campbell, PA, Milton, DE for respondents.
Case Number: 2021-0614-SG
Homeowners' association could obtain adverse possession over boat ramps by maintaining the amenity and restricting access to the association's members
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