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  • Donovan Smith MHP, LLC v. Donovan Smith HOA

    Publication Date: 2019-10-30
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Seth L. Thompson, Parkowski Guerke & Swayze, P.A., Wilmington, DE for appellant.
    for defendant: Dmitry Pilipis, Community Legal Aid Society, Inc., Wilmington, DE for appellee.
    Case Number: D68750

    Although the arbitrator erred in concluding that proposed rent increases were not "directly related" to operation, maintenance, or improvement of a mobile home park when park owner presented evidence of new expenses, the arbitrator had sufficient evidence to find the increase did not comply with statutory law where there was insufficient evidence to find the lots were below market.

  • Colburn v. Bd. of Adjustment of the City of New Castle

    Publication Date: 2019-10-23
    Practice Area: Administrative Law
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Josiah Wolcott, Connolly Gallagher LLP for appellants.
    for defendant: Daniel Losco and Geena Khomenko George, Losco & Marconi, P.A. for appellees.
    Case Number: D68746

    A board of adjustment failed to articulate the reasons why a building official's determination about the characterization of a right of way was correct.

  • Kosinski v. GGP Inc.

    Publication Date: 2019-09-11
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Seth D. Rigrodsky, Brian D. Long and Gina M. Serra, Rigrodsky & Long, P.A, Wilmington, DE; Carl L. Stine and Adam J. Blander, Wolf Popper LLP, New York, NY for plaintiff.
    for defendant: Kevin G. Abrams, John M. Seaman and Matthew L. Miller, Abrams & Bayliss LLP, Wilmington, DE; John A. Neuwirth, Evert J. Christensen, Jr., Seth Goodchild and Matthew S. Connors of Weil, Gotshal & Manges LLP for defendant.
    Case Number: D68697

    A stockholder established a proper purpose, so he was entitled to inspect books and records regarding the value of his shares and possible corporate wrongdoing.

  • REI Holdings, LLC v. Lienclear 0001, LLC

    Publication Date: 2019-08-28
    Practice Area: Contractual Disputes
    Industry: Investments and Investment Advisory | Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Joseph B. Cicero, Gregory E. Stuhlman and Stephanie H. Dallaire, Chipman Brown Cicero & Cole, LLP, Wilmington, DE for plaintiff.
    for defendant: Andrew L. Cole of LeClairRyan, PLLC, Wilmington, DE for defendants.
    Case Number: D68683

    Plaintiff adequately alleged a breach of contract claim against some of the defendants, but the court granted defendants' mo-tions dismissing the remainder of the claims.

  • Bogia v. Kleiner

    Publication Date: 2019-08-21
    Practice Area: Real Estate
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: William P. Brady, The Brady Law Firm, P.A., Wilmington, DE for petitioners.
    for defendant: John R. Weaver, John R. Weaver Jr. P.A., Wilmington, DE for respondent.
    Case Number: D67673

    Abutting homeowners entitled to easement for common use of driveway where expressly granted by deed, with scope of easement determined by decades of use by the parties demonstrating coexistence between dominant and servient estates.

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  • GMF ELCM Fund L.P. v. ELCM HCRE GP LLC

    Publication Date: 2019-08-21
    Practice Area: Corporate Entities
    Industry: Health Care | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE; Joshua S. Amsel, Matthew R. Friedenberg, and Thomas G. James, Weil, Gotshal & Manges, LLP, New York, NY for plaintiffs.
    for defendant: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz LLP, Wilmington, DE for receiver.
    Case Number: D67675

    Judicial dissolution of limited partnership granted where principal manager demonstrated unwillingness or inability to operate business based on repeated refusals to work with court-appointed receiver or comply with court orders.

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

    Publication Date: 2019-06-26
    Practice Area: Real Estate
    Industry: Hospitality and Lodging
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for petitioner
    for defendant: Dean A. Campbell, Law Office of Dean A. Campbell, P.A., Georgetown, DE for respondents.
    Case Number: D68606

    Maximum occupancy restriction in declaration of condominium was enforceable against unit owner where such restriction was facially neutral, did not conflict with local ordinance, and where owner had constructive notice of the restriction.

  • Freeman Family LLC v. Park Avenue Landing LLC

    Publication Date: 2019-05-15
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Patricia L. Enerio and Jamie L. Brown, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for plaintiff.
    for defendant: Thad J. Bracegirdle and Scott B. Czerwonka, Wilks Lukoff and Bracegirdle, LLC, Wilmington, DE; Adam K. Derman and Brian P. O'Neill, Chiesa Shahinian & Giantomasi PC, West Orange, NJ for defendant.
    Case Number: D68562

    A member of a limited liability company was functioning in its official capacity, so it was entitled to advancement and fees-on-fees under the terms of the operating agreement.

  • Fansler v. N. Am. Title Ins. Co.

    Publication Date: 2019-04-03
    Practice Area: Real Estate
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68511

    Limitations period could be tolled where plaintiffs alleged they relied upon defendants' representations to believe their property had an access easement and that their title insurance policy would protect them from defects in title, and thus any purported defects in the deed or policy documents would not be readily apparent to plaintiffs.

  • In re 11 W. Partners, LLC

    Publication Date: 2019-04-03
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: C. Barr Flinn, Emily V. Burton, and Daniel Kirshenbaum, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael J. Bowe, Alexander B. Simkin, and John A. Dunn, Kasowitz Benson Torres LLP, New York, NY for plaintiff.
    for defendant: Ryan P. Newell, Kyle Evans Gay, and Shaun Michael Kelly, Connolly Gallagher LLP, Wilmington, DE; Stan Chelney and Philipp Smaylovsky, Chelney Law Group PLLC, New York, NY for defendants.
    Case Number: D68512

    Reformation of LLCs agreements denied where there was no clear and convincing evidence the language of the agreements failed to reflect the members' true intent or that the non-moving party knew the agreements failed to reflect the parties' intent and failed to inform his fellow members.