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Do You Need a Land Use Lawyer on Your Side? The Answer is Probably ‘Yes’

Posted on March 1, 2015 by bwadmin

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Ask any real estate developer or small business owner—or any homeowner who needs help from the local zoning hearing board—to describe the most consistently frustrating aspect about obtaining the needed permits for their project. Almost all will have something to say about land use matters and zoning law. (And most of what they’ll say wouldn’t be appropriate for publication here.)

In Southeastern Pennsylvania (Bucks and Montgomery counties in particular), the process of developing property for any project, and then receiving all of the permits and approvals for that project, can often be fraught with unexpected obstacles and complications.

A nearby resident, for instance, might attempt to stop the project because the planned building blocks the view of the leafy street beyond. A small business owner hoping to open a cafe on that same leafy street might be surprised to learn that the neighborhood isn’t zoned for commercial use of any sort.

Edward Wild Selected As 2013 Top Rated Lawyer

Posted on March 21, 2013 by bwadmin

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Edward Wild was selected as a ‘2013 Top Rated Lawyer’ in ‘Land Use and Zoning’ on behalf of Martindale-Hubbell.

Edward M Wild

Edward Wild, of Benner and Wild, in Doylestown, Pa, has been selected as a ‘2013 Top Rated Lawyer’ in ‘Land Use and Zoning’ after receiving the highest peer review rating from Martindale-Hubbell.

Wild achieved the AV Preeminent peer review rating, which is the highest rating in legal ability and ethical standards. Lawyers who have received this type of rating from Martindale-Hubbell are those who have been recognized at the highest level of professional excellence. Their ratings are generated from evaluations of lawyers and other members of the bar and the judiciary in the United States. Reviewers are asked to assess their colleagues’ ethical standards and legal ability in a specific area of practice.

Landlord Tenant Act Changes Explained by Doylestown Attorneys

Posted on September 27, 2012 by bwadmin

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As attorneys representing landlords in eviction matters, we are often faced with the question of what a landlord should do with personal property abandoned by a tenant. What if the old looking piece of furniture left behind by a tenant is actually a valuable family heirloom? Landlords are routinely hesitant about how to properly dispose of items that remain at the end of a lease.

Earlier this summer Governor Corbett signed into law an amendment to the Landlord Tenant Act providing a statutory framework to address this problem.

The law, Disposition of Abandoned Personal Property, which took effect on September 3, 2012, places an affirmative duty on the tenant to remove personal property at the time the tenant “relinquishes possession” of the premises. While the point at which a tenant relinquishes possession of the real property may seem obvious, the new law provides instruction on when a tenant is deemed to have done so, which in turn triggers the procedures to allow proper disposal of abandoned personal property.

Real Estate Attorny Case Study: Zoning Appeals Bucks County

Posted on July 11, 2012 by bwadmin

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William Benner successfully represented a group of residents in Bedminster Township of Bucks County who had opposed the introduction of a commercial enterprise into their residentially-zoned community.

As sometimes happens in zoning cases, the zoning hearing board was sympathetic to the applicant granting a use variance relying on the de minimis variance doctrine as its legal foundation.

The applicant successfully argued to the zoning hearing board that his planned commercial enterprise of selling autos over the internet had little or no tangible impact on the neighborhood. The applicant could not qualify for a no-impact home based business because his business plan included storing up to five cars on the property. Feeling aggrieved, several neighbors appealed the decision to the Bucks County Court contending that the zoning hearing board improperly expanded the de minimis variance doctrine.

Real Estate Tax Assessment

Posted on May 10, 2012 by bwadmin

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On April 25, 2012. the Pennsylvania Supreme Court issued a long awaited decision in Tech One Associates v. Board of Property Assessments of Allegheny County, et al. 2012 WL 1547269 (Pa.)

This case changes the way leased property is valued for tax assessment purposes. This decision means, in practical terms, that Pennsylvania will no longer value a property artificially low or artificially high due to some special financing arrangement. By valuing both the landlord’s and tenant’s positions based on the fair rental value, this case has broad implications for commercial tax assessment appeals.

William Benner

Case Study: Real Estate Litigation & Settlement in Bucks County

Posted on May 9, 2012 by bwadmin

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On May 7, 2012, the Pennsylvania Superior Court entered an Order in the case of Osker and Shean v. Bucciarelli and Graeff. The entry of the Order by the Superior Court ended nearly eight years of real estate litigation by vindicating the positions advanced by William Benner for his clients. The facts in the case are interesting.

The underlying dispute involved a claim against our clients and their neighbor brought by the owner of a land-locked parcel who claimed common law easement rights to cross a portion of the two properties to gain a means of access to the land-locked property. On the day of trial, the parties reached a settlement agreement. William Benner stated its terms on the record. By its terms, the settlement agreement permitted the owner of the land-locked parcel to purchase the access rights if they could obtain final approval to build a single family dwelling on their land-locked parcel within three years.

Gavin Laboski: Recent Real Estate Representation in Warminster

Posted on March 30, 2012 by bwadmin

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Recently, Gavin Laboski represented a local, family-owned manufacturing company in its purchase of a new facility in Warminster, Pennsylvania.

Gavin represented the buyers from the preparation of the agreement of sale through the environmental and due diligence process, assisted in the financing and at settlement. The new facility will allow our clients to continue to expand their business and provide new jobs in Bucks County. The purchase was financed through the Pennsylvania Industrial Development Authority and private lending. Benner and Wild is always excited to be a part of our client’s success.

In February 2012, Gavin represented a party in a real estate development dispute. The matter proceeded to trial only to result in a settlement favorable to Gavin’s clients minutes before testimony began.

If you need real estate representation in Doylestown PA, the attorneys at Benner & Wild have over 80 years’ worth of experience in all manner of real estate representation. Contact us today to speak with an attorney about your case.

William Benner: Real Estate Representation in Doylestown PA

Posted on March 30, 2012 by bwadmin

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William Benner

Metro Development Company received preliminary subdivision and land development approval from Warrington Township on February 14, 2012, for its planned mixed use development, Valley Gate.

William Benner, a real estate representation specialist who had previously represented the company in its earlier, highly successful mixed use development, Valley Square, again served as Metro Development Company’s land use attorney.

The Valley Gate approved project includes approximately 200,000 square feet of new, retail stores including a WalMart, a 100 room hotel, a restaurant, and 81 townhouses. William Benner also represented the company when it purchased the 67 acre tract and represented the company in its earlier, successful rezoning petition that made the Valley Gate project possible.

Edward Wild: Land Development & Real Estate Representation News

Posted on March 30, 2012 by bwadmin

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Edward M Wild

Edward M. Wild represented the Beans Family Partnership before Plumstead Township in March, 2012 resulting in Plumstead Township’s approval of land development plans to redevelop a commercial tract on North Easton Road in Doylestown.

The 9 acre site is now approved for two separate automobile dealership facilities. The approved plans include additional showrooms and service areas as well as substantial additional storage and automobile display areas.

Earlier Ed had secured Zoning Hearing Board approval to allow three separate commercial lots to be developed for retail and commercial occupancy at the site. Based on the most recent approved plans, earlier approvals will be withdrawn.

Also in late February 2012, Discovery House Inc., a national provider of methadone treatment services, secured its remaining inspection approvals for its location at 2755 Philmont Avenue in Lower Moreland Township. In 2011, the Lower Moreland Township Zoning Hearing Board sustained the appeal of neighbors opposed to a methadone clinic where Lower Moreland had issued permits for a use the Zoning Officer designated as professional offices.