Real Estate Litigation

Representative Cases

• Birdsboro Power LLC v. Solid Waste Services, Inc., et al. – Represented builder of $600 million power plant project in proceeding to enforce right to continue construction of power plant, including emergency motion for preliminary injunction.
• True Railroad v. Ames True Temper – Action to enforce exercise of purchase option. Original appeal quashed based upon untimely appeal of order denying reconsideration, petition for allowance of appeal denied. Order compelling sale of commercial real estate upheld, enforced, and $500,000 in attorney’s fees awarded.
• Orange Hill v. Pennsylvania Turnpike Commission; Steen v. Pennsylvania Turnpike Commission; Martin/Petrone v. Pennsylvania Turnpike Commission – Defended Pennsylvania Turnpike Commission in three related cases in which different parties attempted to claim damages based on a clause in an easement agreement permitting access to billboards that had been condemned pursuant to the Commission’s power of eminent domain.
• Tarlini v. Pennsylvania Turnpike Commission – Appeal challenging the introduction of an expert opinion on the grounds that it was based upon unreasonable assumptions and otherwise inadmissible hearsay. Petition for Allowance of Appeal pending in the Supreme Court of Pennsylvania.
• Brown v. Pennsylvania Turnpike Commission – Appeal of determination that taking had occurred pursuant to the Pennsylvania Turnpike Commission’s power of eminent domain. Appeal pending.
• Steen v. Pennsylvania Turnpike Commission– Obtained affirmance of trial court ruling that easement was extinguished upon filing of declaration of taking and was thereafter non-compensable.
• Bostdorf v. Pennsylvania Turnpike Commission – Obtained affirmance of trial court ruling that Condemnee was not relieved of bank indebtedness upon filing of declaration of taking.
• WM Capital v. Bluestone Pipeline Company of Pennsylvania (DTE Energy) – Defended pipeline company against an ejectment action brought by distressed debt hedge fund that bought real estate at sheriff’s sale.
• Supportive Concepts for Families / Callan Housing II, LLC – Representing taxpayer in case of first impression addressing merger exclusion from realty transfer tax.
• Keystone Rural Health Ctr. Inc. v. Bd. of Asmt. & Rev. of Taxes of Franklin Co. et al. – Successfully represented hospital seeking real estate tax exemption as a purely public charity.
• Millcreek Community Hospital (LECOM) – Represented hospital seeking real estate tax exemption as purely public charity. Case settled on favorable terms.
• Brethren Village – Represented continuing care community seeking real estate tax exemption as purely public charity. Case settled on favorable terms.
• PA American Water Co. – Represented taxpayer in various disputes throughout Pennsylvania regarding valuation and exemptions for real estate tax assessment.
• Lutheran Community at Telford – Represented continuing care community seeking real estate tax exemption as purely public charity. Case settled on favorable terms.