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  • Osborn-Gustavason v. Waite

    Publication Date: 2022-10-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Joseph Stanley, Schwartz & Schwartz, Dover, DE for plaintiff.
    for defendant: Peter Schaeffer, Avenue Law, Dover, DE for defendant.
    Case Number: K22C-01-009 DJB

    Court denied a motion to dismiss filed by defendant real estate agent seeking to dismiss claims filed by plaintiff clients claiming defendant failed to inform them of defects in in the home prior to purchasing the property.

  • State v. Sweetwater Point, LLC

    Publication Date: 2022-07-12
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Gerald I.H. Street, John I. Ellis, Street & Ellis, P.A., Dover, DE; Bradley S. Eaby, State of Delaware Department of Justice, Dover, DE for petitioner.
    for defendant: Richard P. Beck, Richard Beck LLC, Centreville, DE; John H. Newcomer, Jr., Morris James LLP, Wilmington, DE for respondents.
    Case Number: D69880

    Motion to equitably divest the state from its superior title to a parcel under the doctrine of acquiescence denied where there was no evidence to charge the state with knowledge of competing party's possessory acts such that the state could be said to have acquiesced to such acts.

  • Yeilding v. Council of Ass'n of Unit Owners of Pelican Cove Condo.

    Publication Date: 2022-05-03
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Dean A. Campbell, Law Office of Dean A. Campbell, P.A., Milton, DE for plaintiffs.
    for defendant: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for defendants.
    Case Number: D69800

    Condominium owners' action for declaratory judgment and injunctive relief failed where they failed to show that their rights under the condominium's governing documents had been irreparably impaired by the HOA's actions.

  • Mullin v. Ascetta

    Publication Date: 2021-12-14
    Practice Area: Real Estate
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for plaintiffs.
    for defendant: Steven Schwartz, Schwartz & Schwartz, P.A., Wilmington, DE for defendants.
    Case Number: D69644

    Court awarded court costs and partial legal fees to homebuyers who partially prevailed in suit alleging sellers failed to disclose defects in residential property.

  • Concerned Citizens of the Estates of Fairway Vill. v. Fairway Cap, LLC

    Publication Date: 2021-07-14
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for appellants.
    for defendant: Jeffrey M. Weiner, Law Offices of Jeffery M. Weiner, P.A., Wilmington, DE; Timothy Jay Houseal, William E. Gamgort, Young Conaway Stargatt & Taylor, LLP for appellees.
    Case Number: D69463

    Defendant's failure to move to lift preliminary injunction after co-plaintiff withdrew the security bond and the remaining plaintiff failed to post a replacement bond barred defendant from recovering wrongful injunction damages.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Long v. Fulton Bank, N.A.

    Publication Date: 2021-06-09
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: David A. White, Matthew J. Rufino, McCarter & English, LLP, Wilmington, DE for plaintiffs.
    for defendant: Jared T. Green, R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendant.
    Case Number: D69427

    Where plaintiffs delayed approximately seven years before terminating a lease for nonpayment of rent, they breached an agreement, but factual questions remained on the issue of waiver, so the court declined to grant judgment in favor of defendant.

  • Green v. Carl M. Freeman Cmtys. L.L.C.

    Publication Date: 2021-06-02
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Robert J. Valihura, Morton, Valihura & Zerbato, LLC, Greenville, DE for plaintiff.
    for defendant: Mark F. Dunkle, Parkowski, Guerke & Swayze, P.A., Rehoboth Beach, DE for defendant.
    Case Number: D69417

    The court held that a housing development qualified as a master planned community under the Delaware Uniform Common Interest Ownership Act, so the threshold for passing control from the developer to the asso-ciation was not met.

  • Carney v. B&B Serv. Co.

    Publication Date: 2021-04-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Charles J. Brown, III, Gellert Scali Busenkell & Brown, LLC, Wilmington, DE for plaintiff.
    for defendant: Neil R. Lapinski, Phillip A. Giordano, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for defendants.
    Case Number: D69375

    Court denied defendants summary judgment on tortious interference claim where there were genuine issues of material fact as to whether one or more defendants engaged in improper conduct to interfere with plaintiff's sale of his property to a third party.

  • Acua-Atalaya v. Newmont Mining Corp.

    Publication Date: 2021-01-13
    Practice Area: Real Estate
    Industry: Mining and Resources
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69257

    The district court acted within its discretion when it dismissed plaintiffs' complaint based on forum non conveniens, because the evidence indicated that the courts of another country could provide an adequate alternative forum for the parties' dispute.

  • Lowry v. Irish

    Publication Date: 2020-10-07
    Practice Area: Real Estate
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Stephen W. Spence, Stephen A. Spence, Baird Mandalas Brockstedt, LLC, Lewes, DE for petitioner.
    for defendant: Eugene H. Bayard, R. Eric Hacker, Ross C. Karsnitz, Morris James LLP, Georgetown, DE for respondents.
    Case Number: D69144

    Contractual waiver of the statutory right of partition was unenforceable where original signatories failed to limit the duration of the waiver, such that it constituted an unreasonable restraint on alienation.