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Real Estate

PennsylvaniaAppellate ProcedureReal EstateZoning Law
Commonwealth Court of Pennsylvania
Uncategorized

Bozek v. Atlantic Wind — Internet Discovery of Wind Turbine Construction Did Not Toll MPC’s 30-Day Land Use Appeal Deadline

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The Commonwealth Court affirmed the quashing of a land use appeal challenging a Fayette County wind power facility development plan, holding that the MPC’s 30-day appeal period ran from the date of the written approval decision — not from the objector’s internet discovery that construction had begun — and that the due process exception to the time limit must be affirmatively pleaded in the appeal.

UtahBreach of ContractBusiness LawCivil Procedure
Court of Appeals of Utah
Uncategorized

Hammon v. Zoom Inc. — Economic Loss Rule Bars Fraud Claims Against Corporate Officers Who Negotiated the Contract, Utah Court of Appeals Holds

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The Utah Court of Appeals held for the first time that the economic loss rule bars fraud claims against corporate officers and agents who negotiated a contract on the company’s behalf, when those claims completely overlap with the corporation’s contractual duties — and reversed summary judgment on breach of contract and declaratory judgment claims because the district court had never determined what the contracts actually required.

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