• Morris v. Delmarva Real Estate Holdings, LLC

    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.

  • Smith v. Fed. Nat'l Mortgage Ass'n

    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.

  • In re: Center City Healthcare, LLC

    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.

  • Wais v. Thompson

    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.

  • Swann Keys Civic Ass'n v. Dippolito

    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

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Kablaoui v. Gerar Place Condo. Ass'n

    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.

  • 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.

  • 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.