In this appeal from Fayette County, the Superior Court upheld the trial court’s grant of a preliminary injunction in favor of Chevron Appalachia, which prevented James and Mary Porter from denying Chevron access to land owned by the Porters, and development of Chevron’s oil and gas rights.
Continue readingThis blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Tag: Court of Common Pleas of Fayette County
In this appeal out of Fayette County, the Commonwealth Court was asked to determine which of two conflicting statutes of limitations (“SOL”) applied to petitions for the appointment of a board of viewers following a municipal authority’s declaration of taking and payment of just compensation. In finding that the 1 year SOL within the Urban Redevelopment Law (“URL”) was applicable, the court found that this statute had not been expressly or impliedly repealed by Act 34 which had repealed and replaced the Eminent Domain Code.
In this quiet title action out of Fayette County, the court weighed in on whether a bankruptcy proceeding, by which a property becomes part of a bankruptcy estate, interrupts the continuous possession required to establish adverse possession. Finding that it does, the court dismissed the adverse possession claim for failing to demonstrate that the property had been continuously possessed for 21 years, among other grounds.
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