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Publication Date: 2024-02-19
Practice Area: Real Estate
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Paul G. Enterline, Georgetown, DE for plaintiff.
for defendant: Brian J. Ferry, Wilmington, DE for defendant.
Case Number: 2022-1211-MTZ
Option contract with firm deadline for exercise effectively contained a "time is of the essence" provision regardless of whether the contract used that specific phrase.
Publication Date: 2024-02-12
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Richard E. Berl, Hudson Jones Jaywork & Fisher, LLC, Lewes, DE for plaintiff.
for defendant: Aaron E. Moore, M. Claire McCudden, Marshall Dennehey, P.C., Wilmington, DE for defendant.
Case Number: S22C-07-002 CAK
Court dismissed former condominium owner's claims arising from the alleged failure to release a recorded lien, where owner's tender of payment was insufficient to satisfy the condominium association's recorded and statutory liens, as the association was not obligated to obtain a court judgment or record the statutory lien to collect.
Publication Date: 2024-01-22
Practice Area: Real Estate
Industry: Federal Government | Real Estate
Court: Court of Chancery
Judge: Chancellor Mitchell
Attorneys: For plaintiff: Paula H. Smith, Newark, DE, petitioner pro se.
for defendant: Melanie J. Thompson, CoraAnn M. Foley, Orlans PC, Wilmington, DE for respondent.
Case Number: 2023-0653-LM
Adverse possession claim failed where petitioner had not occupied the property for at least 20 years.
Publication Date: 2024-01-22
Practice Area: Real Estate
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff:
for defendant:
Case Number: 19-11466 (MFW)
Court declined to dismiss plaintiffs' claims where the parties unambiguously had an agreement creating an easement although certain terms in the agreements were susceptible to multiple interpretations, requiring further proceedings.
Publication Date: 2023-07-17
Practice Area: Real Estate
Industry: Hospitality and Lodging
Court: Delaware Superior Court
Judge: Judge Green-Streett
Attorneys: For plaintiff: David C. Zerbato, Moton, Valihura & Zerbato, LLC, Greenville, DE for appellant.
for defendant: Anthony V. Panicola, Olga K. Beskrone, Colten L. Fleu, Community Legal Aid Society, Inc., Dover, DE for appellee.
Case Number: K21A-10-002 RLG
Arbitrator erred by considering and carving out a manufactured home community owner's acquisition costs in denying the owner's request for an above-inflation rent increase, where the analytical framework merely required the arbitrator to consider the statutory factors after finding the owner had made capital expenditures that directly related to the community maintenance and improvement.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2023-04-11
Practice Area: Real Estate
Industry: Legal Services | Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Chandra J. Williams, Rhodunda, Williams & Kondraschow, Wilmington, DE for appellants.
for defendant: Steven D. Rosen, The Rosen Law Firm, LLC, Wilmington, DE for appellee.
Case Number: N22A-08-003 CLS
The court affirmed the trial court's order finding for a buyer in a real estate matter where the seller breached contractual obligations by failing to repair a defective roof.
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: 2023-01-17
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
Publication Date: 2023-01-03
Practice Area: Real Estate
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-0700-PWG
Master correctly stayed plaintiffs' motion to supplement complaint filed during the pendency of exceptions to the master's report, where new allegations were previously in plaintiffs' possession and were directly targeted to address the weaknesses identified by the master's report.
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