Tag: Berks County Law Brief

Berks County Law Brief

Berks County Court affirms Zoning Hearing Board’s grant of turkey variance

Ontelaunee Township v. Ontelaunee Township Zoning Hearing Board, No. 25-17136 (Berks Cty. C.C.P. July 2, 2026). For property owners, zoning hearing boards, and municipal solicitors alike, this case is an instructive example of how Pennsylvania courts apply the dimensional variance standard and the considerable deference afforded to local zoning hearing boards when a substantial record […]

Berks County Law Brief

Berks County Court denies nunc pro tunc relief

Brensinger v. Parkway Pools and Patio, LLC, No. 26-207 (Berks Cty. C.C.P. June 22, 2026) (denying appellant’s motion for leave to file appeal nunc pro tunc where late filing resulted from private carrier’s failure to deliver jurisdictional appeal papers by the deadline). For litigants, attorneys, and anyone relying on private carriers to transmit time-sensitive court […]

Berks County Law Brief

Court enters verdict against purchaser for assumed debt following business acquisition

Mae Gabel v. Site Ready Construction, Darren M. Haile and Proscape Landscape Supply, LLC, No. 24-12733 (Berks Cty. C.C.P. Mar. 3, 2026) (Gavin, J.) For practitioners handling business acquisitions, successor liability disputes, and commercial loan enforcement, this case offers important guidance on how Pennsylvania courts assess whether a purchaser has assumed a seller’s debts, particularly […]

Berks County Law Brief

Superior Court affirms Berks County trial court’s dismissal of home buyers’ water-infiltration claims

Hollinger v. Dietrich, — A.3d —-, 2026 PA Super 133, 2026 WL 1800499, No. 740 MDA 2025 (Pa. Super. June 23, 2026). For anyone litigating residential real estate disputes in Berks County, this decision is a sharp reminder that the clock on a seller disclosure claim runs from settlement and does not stop for a […]

Berks County Law Brief

Berks County court holds that exception to sheriff service of process is not self-executing

Velocity Investments, LLC v. Marte, No. 25-437 (C.C.P. Berks County Apr. 2, 2026) (Gavin, J.) Under the law, the old adage that it is better to ask for forgiveness than for permission does not hold true. In a memorandum opinion issued on April 2, 2026, Judge James E. Gavin of the Berks County Court of […]

Berks County Law Brief

Court overrules Exeter Township’s preliminary objections in municipal property sale dispute

Seven Development Group Incorporated v. Exeter Township, No. 25-12104 (C.C.P. Berks County Mar. 16, 2026) (Fudeman, J.) In a case raising important questions about municipal bidding procedures, standing to challenge public property sales, and whether a private cause of action exists under the Second Class Township Code, Judge Madelyn S. Fudeman of the Berks County […]

Berks County Law Brief

Berks County court prohibits “appearance counsel” in civil division

Absolute Resolutions Investments, LLC v. Salamov, No. 20-14479 (Berks C.C.P. Apr. 2, 2026) Judges J. Benjamin Nevius, James E. Gavin, and Madelyn S. Fudeman, sitting as the full en banc Civil Division of the Berks County Court of Common Pleas, have issued a detailed Findings of Fact, Conclusions of Law, and Adjudication of Contempt addressing […]

Berks County Law Brief

Superior Court affirms Berks County trial court’s enforcement of century-old utility easement

Szczepkowski v. Metropolitan Edison Company, No. 691 MDA 2025 (Pa. Super. Ct. Feb. 26, 2026). For landowners and utilities alike, this case is a stark reminder that recorded easements retain their full force regardless of age and that knowingly building within an easement can result in court-ordered demolition decades later. Earlier this year, the Superior […]

Berks County Law Brief

Pennsylvania Cannabis Association lacks standing to challenge Berks County’s medical marijuana policy

In late March 2026, the Pennsylvania Supreme Court decided D.M. v. 23rd Judicial District, Berks County (2026 WL 827710), a case raising important questions about standing doctrine and the tension between medical marijuana patients’ protections and judicial discretion. Here, the 23rd Judicial District (Berks County Court) itself was the defendant and sued for its policies […]

Berks County Law Brief

Judge Jeffrey Schmehl dismisses Laurel Gardens RICO case for the second time

A former Berks County judge navigates complex federal racketeering law on remand from the Third Circuit For those following the prolonged saga of Laurel Gardens LLC v. McKenna, the case has reached what may be its final chapter. United States District Judge Jeffrey L. Schmehl, a Berks County native who served on the Berks County […]