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By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
Donated or Dedicated Property Act restrictions applied to property purchased with Project 70 Act funds that was later dedicated to the public use, and such restrictions could not be eliminated by a Project 70 Act legislative release. Orders of the commonwealth court vacated and reversed.
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By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
Trial court erred in finding that appellants' use of home in a single-family residential district as a transient rental property violated the zoning ordinance because the language of the ordinance did not bar appellants' use of the property and township did not meet its burden of showing that appellant's use of the property was a substantial threat to the health and safety of the community. Reversed.
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By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
Plaintiffs established title to a disputed portion of land between the parties' adjoining parcels through a "consentable boundary" where the evidence demonstrated that the parties and their predecessors used two fences on the disputed property as a consentable boundary for 40 years. The court entered judgment for plaintiffs.
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By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
The failure to join one of the record owners of real property as a party to this easement proceeding deprived the court of subject matter jurisdiction, because all owners of the subject property were indispensable parties. Adjudicating the matter without joining one of the record owners violated that person's due process rights.
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By Michael Booth | July 13, 2017
Past affordable housing rulings made by now-retired Superior Court Judge Douglas Wolfson, challenged by the township of South Brunswick based on the judge's long-term personal and professional relationship with a developer, will stand, a trial court decided Thursday.
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By Scott E. Mollen | July 11, 2017
Scott E. Mollen discusses '159-MP Corp. v. CAB Bedford,' where the plaintiff/lessor of a Food Town grocery store failed to get an injunction against the landlord of a Whole Foods store opening up nearby.
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By MCKENNA MOORE | July 5, 2017
A breach of contract or dog racism? It depends on who you ask.In a complaint filed last week in New York state court against Michelle Kelban-Carteron, the board of managers at the Chelsea Modern condominium in Manhattan's Chelsea neighborhood allege that the co-chair of Latham & Watkins' real estate practice committed breach of contract by owning and harboring an aggressive pit bull in her unit.
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By newyorklawjournal | New York Law Journal | July 5, 2017
As-Applied Challenges to Landmark Resolution Not Ripe for Adjudication; Bias Suit Dismissed
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By thelegalintelligencer | The Legal Intelligencer | June 30, 2017
Borough could not bring enforcement proceeding of a stop work order and impose fines for violation of the zoning ordinance where a landowner's appeal of that order and violation was pending. Summary judgment reversed.
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By thelegalintelligencer | The Legal Intelligencer | June 30, 2017
Board properly held that petitioner failed to establish that department's issuance of a permit for a well to be drilled on a slant with the bottom under a refinery storage tank was unreasonable or contrary to law because the board correctly applied the burden of proof, credible expert evidence supported the decision and Pennsylvania courts had held that hydraulic fracturing was not an abnormally dangerous activity. Affirmed.
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