ANNOUNCEMENT OF NEW PARTNER
Kaplin Stewart is very pleased to announce that Joshua C. Quinter has been named a partner in the firm as of January, 1, 2010. Josh has been with Kaplin Stewart since 2004 practicing in the Construction Law and Business & Commercial Litigation groups. In his practice he represents entities involved in all levels of construction projects, including owners, general contractors, subcontractors, sureties and insurance companies in the construction industry. Josh is well versed in all areas of construction law, and has successfully obtained verdicts and rulings for his construction clients. His experience includes mediation, arbitration and litigation of complex commercial cases, insurance coverage and bad faith issues, and employment law. In recent years, Josh has been named as both a Lawyer on the Fast Track and a Rising Star. Professionally he is very active in many trade and business organizations, as both a leader and educator. Privately, he is active in various political and collegiate organizations, where he also assumes leadership roles. Josh resides in Harleysville, Pennsylvania with his wife and two children. We are very pleased to welcome this outstanding attorney to the partnership and we look forward to Josh’s continued success and contributions to the firm in years to come.
MAJOR VICTORY: LITIGATION
Sandhya M. Feltes, a principal in the Commercial Litigation group, recently prevailed in a case before the Third Circuit Court of Appeals (Jobe v. Argent Mortgage Company, No. 09-3677 (3d Cir. (Pa) April 2, 2010) which has expanded law in favor of lenders significantly. In a decision rendered by the Third Circuit Court of Appeals it was determined that residential borrowers must first prove that they have the ability and willingness to repay tender - the loan proceeds before a Court will consider rescinding the mortgage lien under the Truth in Lending Act. As a result, lenders now have an additional and potentially significant quiver in their defense against TILA rescission claims. A borrower who cannot or will not repay the loan proceeds may be precluded from rescinding the mortgage lien.
MAJOR VICTORY: LAND USE
George W. Broseman, principal in the Land Use, Zoning & Development group of Kaplin Stewart in Blue Bell, Pennsylvania, won a major victory for the developer of a proposed 500,000+ square feet shopping center on 72 acres in Straban Township, Adams County, Pennsylvania. The Zoning Hearing Board had denied the developer's application for a special exception on three technical points relating to access for the shopping center. Mr. Broseman argued that the developer's plan complied with all of the Township's ordinances. Mr. Broseman also argued that a conflict existed in the ordinance where the rules applicable to one of the proposed businesses within the shopping center conflicted with the rules applicable to the shopping center as whole. Despite the Township's denial of the developer's application, Judge Michael George of the Adams County Court of Common Pleas gave the developer the go-ahead by reversing the decision of the Zoning Hearing Board and remanding the matter.
Mr. Broseman has a strong track record of success in securing development approvals in scores of municipalities throughout the Pennsylvania for a diverse group of clients including developers, educational institutions, religious institutions, clubs, other non-profit organizations, hospital, homebuilders and homeowners. He has won approvals from hundreds of zoning hearing boards, planning commissions, governing bodies, historical commissions, sewer and water authorities, and when necessary the courts. Mr. Broseman has achieved this level of success by carrying out the objectives of his clients with a combination of thorough preparation and seeking out practical solutions to often complex issues.
CONGRATULATIONS
Adelaine F. Williams, Chief Operating Officer of Kaplin Stewart, has been elected President of the Independence Chapter of the Association of Legal Administrators (ALA) for a one-year term. Ms. Williams has been in law firm administration for 20 years and oversees all firm administration at Kaplin Stewart, including HR, accounting and technology.
Neil A. Stein, a principal in the Land Use, Zoning & Development group, has been appointed to the Board of Directors of the Homebuilders Association of Bucks & Montgomery Counties. He was also re-appointed Chair of the Political Action Committee of the group. Mr. Stein occupies a leadership role in many builder and developer trade groups and bar association committees.
Mohammad A. Ghiasuddin, a principal in the Construction Law and Business & Commercial Litigation groups, has been named Co-Chair of the American Citizenship Committee of the Montgomery Bar Association. The committee's focus is immigration issues. As part of his law practice, Mr. Ghiasuddin advises clients on I-9 related immigration issues. Mr. Ghiasuddin is also active in the South Asian Bar Association and Council for Advancement of Muslim Professions.
Pamela M. Tobin, a member of the Business & Commercial Litigation group, has been named Vice-chair of the Women in the Law Committee of the Montgomery Bar Association for 2010.
Five Kaplin Stewart lawyers have been named Pennsylvania Super Lawyers 2010. They are Marc B. Kaplin of the Land Use, Zoning & Development group, Andrew B. Cohn and Robert A. Korn of the Construction Law group, Ronald B. Glazer of the Real Estate, Business & Finance Transactions group, and William J. Levant of the Business & Commercial Litigation group. Four Kaplin Stewart attorneys have been named Pennsylvania Rising Stars 2010. They are Gregg I. Adelman of the Land Use, Zoning & Development group, Simi Kaplin Baer of the Real Estate, Business & Finance Transactions group, Joshua C. Quinter of the Construction Law group, and Dirk M. Simpson of the Estates, Administration & Planning group.
Kaplin Stewart's senior litigator, Barbara Anisko, won a major victory for its Delaware real estate developer client, Caldera Properties, LLC, against national homebuilder giant, Centex Homes and its development entity Ridings Development, LLC, in a highly contested dispute arising from the fall-out of the real estate housing market. In 2004, Centex agreed to purchase from Caldera over 200 acres of land located in Sussex County, Delaware for a total purchase price of $18 million. The purchase was to be accomplished in three phases once Caldera obtained land development and subdivision approval for the 225 lot single family subdivision which was to be served by an on-site sanitary sewer treatment plant. In 2005, Ridings paid Caldera $6 million for the first 75 lots and Caldera gave Ridings easements to install improvements, including the treatment plant, on the land to be purchased at the next two closings. In 2007, in the midst of the declining real estate market, Centex reneged on the agreement to buy the remaining land, sought a pro rata return of the deposit it paid to Caldera and sought reimbursement from Caldera for 2/3 of the cost of improvements Ridiings had installed site wide. Playing hard ball, Ridings refused to give the remaining 150 lots access to the treatment plant unless Caldera agreed to reimburse it for the cost. Caldera sued Centex and Ridings for breach of contract and sought $1.2 million in liquidated damages and a declaration of its rights under the contract, including Caldera's right to use the treatment plant without having to pay Ridings. Ridings counterclaimed, alleging it was entitled to over $6 million in reimbursements under the legal theory of unjust enrichment. After a five day bench trial, Judge T. Henley Graves of the Sussex County Superior Court found in favor of Caldera, awarding it $1.23 million in liquidated damages and pre-judgment interest and declaring Caldera's right to use the treatment plant without having to pay Ridings a fee. Although commenting that the contract could have been clearer in providing for the "what if", the Court found that Centex understood and accepted the risks when it entered into the contract and that it was unfair to transfer the risks of the down market to Caldera. The Court denied Ridings' $6 million unjust enrichment claim. "This case was a particularly important victory in our industry as it reaffirms a party's duty to fulfill its contractual obligations," Daniel McGreevy, Caldera's President said. "We are more than pleased at the outcome of this case and our representation." Barbara Anisko was assisted by Pamela M. Tobin on the case.
George W. Broseman, a principal in the Land Use, Zoning & Development group, was part of a team with architects, engineers and contractors that was recognized on May 11, 2010 with a Lower Merion Township Historic Preservation Award for the expansion of the Bala House Montessori School located at the Church of St. Asaph in Bala Cynwyd, Pennsylvania. Mr. Broseman led the School and Church through the approval process for the project, which included Zoning Hearing Board, Land Development and Historical Commission approvals. This is the second year in a row that one of Mr. Broseman's projects received an Historic Preservation Award. In 2009, the Rosemont School of the Holy Child won a Preservation Award for its expansion. Both projects involved the securing of complex approvals.
Marc B. Kaplin and Ronald B. Glazer were recently selected by their peers for inclusion in The Best Lawyers in America© (Copyright 2009 by Woodward/White of Aiken, S.C.). Mr. Kaplin was selected in the field of Land Use & Zoning Law, and Mr. Glazer was selected in the field of Real Estate Law.
Deborah Arbuckle, a Paralegal in the Business & Commercial Litigation and Land Use, Zoning & Development groups, who is First Vice President on the Board of Directors of the Mongomery County Paralegal Association, has accepted the Board's appointment as Primary Representative to the National Federation of Paralegal Associations, Inc. Deborah also serves as Chair of the Montgomery County Paralegal Association's Community Outreach Committee.
The MidAtlantic Real Estate Journal named Ronald B. Glazer, a principal in the Real Estate, Business & Finance Transactions and Land Use, Zoning & Development groups, Best Attorney of 2009, and Kaplin Stewart was named Best Place to Work 2009.
Kaplin Stewart is pleased to have two principals holding prominent positions with the Montgomery County Bar Association. Mohammad A. Ghiasuddin has recently been elected to the Board of Directors of the Bar Association. He also is an active member of the Bar Association's Diversity Committee. Neil A. Stein, continues as a member of the Bar Association's Judiciary Committee.
William D. Auxer, a principal in the Construction Law and Environmental groups, has been appointed to the Board of Directors for the Associated Paving and Excavating Contractors (APEC).
Dirk M. Simpson, a principal of the Trusts & Estates, Tax and Business groups, has been elected to the Board of Directors of Ludington Library in Bryn Mawr, PA. Ludington Library serves not only as the community library for Bryn Mawr and its environs, but also as the headquarters library for the Lower Merion Library System.
Joshua C. Quinter, a member of the Construction Law and Business & Commercial Litigation groups, has been appointed to the Board of Directors of the Mid-Atlantic Chapter of the Metal Building Contractors and Erectors Association (MBCEA).
Maury B. Reiter, managing principal and member of the Tax Law, Estates, Administration & Planning and Corporate Law & Business Planning groups, has been reelected to another term as Treasurer of Volunteers of America, Inc. VOA is a national nonprofit social services organization with annual revenues in excess of $800 million. VOA provides community-level human service programs to assist abused and neglected children, youths at risk, the frail elderly, people with disabilities, offenders and homeless individuals, as well as housing and health services to the elderly and poor. Mr. Reiter has been involved with VOA at the local and national levels for the past 11 years.
Robert A. Korn, a principal and member of the Construction Law and Mediation & Arbitration groups has been appointed Vice Chair of the Alternative Dispute Resolution Committee of the American Bar Association. The Alternative Dispute Resolution Committee is concerned with developments and optimum use of all forms of alternative dispute resolution, including arbitration, mediation, summary jury trials, mini-trials, early neutral evaluation, as well as effective settlement and negotiation techniques. Mr. Korn was also recently selected as a Fellow of the College of Commercial Arbitrators. In his practice, Mr. Korn is active as a mediator and arbitrator of construction disputes both locally and nationally.
ATTORNEY NEWS
We welcome Ronald B. Glazer as a partner in the firm's Real Estate practice group. Mr. Glazer was formerly a senior partner of Wolf Block's Real Estate Practice group. Mr. Glazer's real estate practice runs the gamut from shopping centers, office buildings, mixed-use projects, condos, cooperatives and homeowners' associations, where he is involved in acquisition, sale, financing, development and operation. Known for his extensive experience representing construction and permanent lenders, REITs and joint venture partners, he won special praise for his structuring and documentation of complex mixed-use projects such as Uptown Worthington, the new urban mixed-use complex at the Echelon Mall, Reading Terminal Headhouse and the Comcast Center. His clients include several regional real estate and development companies, as well as a number of regional lending institutions. The author of Pennsylvania Condominium Law & Practice, and the new Pennsylvania Community Association Law & Practice, he is a national authority in condominiums and homeowners' associations. Mr. Glazer has held prestigious positions in the Philadelphia, Pennsylvania and American Bar Associations. A member of the American College of Real Estate Lawyers, the International Council of Shopping Centers and Community Association Institute's College of Community Association Lawyers, he is a graduate of Dickinson College and the University of Pennsylvania Law School.
