Real Estate Law

Recent Posts

The Pennsylvania Commonwealth Court Invalidates Additional Provisions of Act 13
Posted on 19 Aug 2014 by Babst Calland

Last month, the Pennsylvania Commonwealth Court issued an opinion, [ enhanced version available to subscribers ], invalidating additional sections of Act 13 of 2012, Pennsylvania’s comprehensive overhaul of the former Oil and Gas Act.... Read More

Sticker Shock! Bright orange postings deemed constitutional in First Circuit case challenging “unruly gathering” ordinance: URI Student Senate v. Narragansett (Jan. 5, 2011)
Posted on 13 Jan 2011 by Travis Burchart

An ordinance authorizing the posting of bright orange stickers at an "unruly gathering" is both constitutional and not preempted according to the First Circuit's recent ruling. The First Circuit rejected plaintiffs' due process claim... Read More

Fracking Zoning Case Seeks Review by New York's Highest Court
Posted on 20 Jun 2013 by J. Wylie Donald

By J. Wylie Donald, Partner, McCarter & English Columbia Law School convened a panel on hydraulic fracturing ("fracking") earlier this month. One of the subtopics was its effect on climate change mitigation. Professor Michael Gerrard... Read More

Rentezelas on Watkins v. Wells Fargo Home Mortgage
Posted on 10 Oct 2008 by Jeanne Rentezelas

In Watkins v. Wells Fargo Home Mort. , a borrower filed a class action against Wells Fargo, alleging that the company’s mortgage division had originated predatory loans that were unconscionable under West Virginia’s contract principles. However... Read More

Ballard Spahr LLP: Federal Court Holds State Law Limits on National Bank Reverse Mortgage Fees Preempted
Posted on 11 Nov 2011 by Ballard Spahr LLP

By the Consumer Financial Services Group A national bank is not bound by state laws that would restrict the fees it can include in principal when making a reverse mortgage loan, the U.S. District Court for the District of Minnesota has ruled... Read More

Klein on Tarrant Regional Water District v. Herrmann
Posted on 16 Oct 2013 by LexisNexis Legal Newsroom Staff

By Christine A. Klein In this analysis of the U.S. Supreme Court's decision in Tarrant Regional Water District v. Herrmann, [ enhanced version available to subscribers ], Christine A. Klein discusses practical lessons of the Court's... Read More

Connecticut Wetland Laws Breach the Preemption Barrier: Sixth Circuit Holds that Federal Aviation Law Does Not Preempt Local Permit Process for Removing Wetland Trees
Posted on 25 Feb 2011 by Travis Burchart

If you're a science fiction fan, you've likely encountered a story or two about invisible, impenetrable fields. Or, maybe as a Stephen King fan, you read the book, Under the Dome , which is about a small, New England town trapped beneath a huge... Read More