Derry Land Use & Zoning Lawyer, Pennsylvania
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Dennis B. Rafferty
Education, Land Use & Zoning, Litigation, Pharmaceutical Product, Income Tax
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 51 Years
1600 Lincoln Avenue, Latrobe, PA 15650
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LEGAL TERMS
GOODS & CHATTELS
See personal property.
CONSTRUCTIVE EVICTION
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or ... (more...)
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or water or refuses to clean up an environmental health hazard, the tenant has the right to move out and stop paying rent, without incurring legal liability for breaking the lease.
APPRECIATION
An increase in value. Appreciated property is property that has gone up in value since it was acquired.
UNCONSCIONABILITY
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, i... (more...)
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, inability to read or inability to understand the language. The unfairness must be so severe that it is shocking to the average person. It usually includes the absence of any meaningful choice on the part of the buyer and contract terms so one-sided that they unreasonably favor the seller. A contract will be terminated if the buyer can prove unconscionability.
OFFENSIVE COLLATERAL ESTOPPEL
A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his la... (more...)
A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his land and the court rules that your fence extends beyond your property line, you can't later file your own lawsuit seeking a declaration that the property line is incorrectly drawn.
ASYLUM
A legal status granted to an individual who is in the United States and fears political persecution if he or she is forced to return to their home country.
SUBSTITUTED SERVICE
A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the h... (more...)
A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the hands of the person to be served. Substituted service, on the other hand, may be accomplished by leaving the documents with a designated agent, with another adult in the recipient's home, with the recipient's manager at work or by posting a notice in a prominent place and then using certified mail to send copies of the documents to the recipient.
VIEW ORDINANCE
A law adopted by some cities or towns with desirable vistas -- such as those in the mountains or overlooking the ocean -- that protects a property owner from ha... (more...)
A law adopted by some cities or towns with desirable vistas -- such as those in the mountains or overlooking the ocean -- that protects a property owner from having his or her view obstructed by growing trees. View ordinances don't cover buildings or other structures that may block views.
RUNNING WITH THE LAND
A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public b... (more...)
A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public beach access path across waterfront property would most likely pass from one owner of the property to the next.
SAMPLE LEGAL CASES
COAL GAS RECOVERY v. Franklin Township Zoning Hearing Board
Coal Gas Recovery and Emerald Coal Resources appeal an order of the Court of Common Pleas
of Greene County (trial court) affirming the grant of a special exception by the Franklin Township
Zoning Hearing Board (Board), which included a condition that was challenged by ...
Spahn v. Zoning Bd. of Adjustment
1135 Samuel C. Stretton, Esq., Law Offices of Samuel C. Stretton, West Chester, for Gary
Spahn, Society Created to Reduce Urban Blight (SCRUB)/MC Tracy/Wynnefield Hghts. Civic
Ass'n/Belmont Village Comm. Ass'n, appellants. ... Richard Gerson Feder, Esq., Cheryl ...
Hafner v. ZONING HEARING BD. OF ALLEN TP.
These cross-appeals arise from a decision of the Court of Common Pleas of Northampton County
(trial court) that affirmed two decisions of the Allen Township Zoning Hearing Board (ZHB). The
proceedings before the ZHB arose from the inquiry of Brian J. Kulp and Melissa J. Kulp ( ...
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