COMMONWEALTH COURT UPHOLDS Elliott Greenleaf WIN BEFORE MONTGOMERY COUNTY COURT
In an appeal argued by Elliott Greenleaf, the Commonwealth Court affirmed the Court of Common Pleas of Montgomery County's verdict in favor of Elliott Greenleaf' client.
In Greylock Arms, Inc. v. Harvey E. Kroiz, et al ., the Commonwealth Court affirmed the award of $464,262.00 in damages to the Kroiz partnership, as well as the denial of the Appellant Greylock Arms, Inc.'s arguments seeking to mandate construction by the Kroiz partnership of a 60,00 square foot building in the Appellant's shopping center. The Commonwealth Court 's Opinion held that where a local ordinance is silent as to the necessity for subdivision when buildings are to be constructed within an existing shopping center, an entrepreneur partnership may insist on subdivision to support the complex lending and financing arrangements it believes are necessary. Accordingly, the Court determined that the cooperation clause in the agreement between the parties mandated upholding the Kroizs' reasonable request.
Elliott Greenleaf's argument, that the parol evidence rule barred introduction of evidence of alleged fraudulent inducement to the fully integrated contract of the parties, was adopted by the Court.
The Court also upheld the introduction of stipulated damages without a principal from Kroiz testifying to those damages, where the damage amounts were admitted without objection or demand for other proof.
An intriguing final argument accepted by the Commonwealth Court involved a lease provision that the Kroiz partnership as lessees may, but were not required to, construct a 60,000 square foot building. Elliott Greenleaf argued this made the construction of the building purely discretionary and permissive, as well as being subject to full performance by the Appellant shopping center owner. The Appellant's attempt to suggest that this language was ambiguous was rejected by the Commonwealth Court.
Veteran litigator Marvin L. Wilenzik successfully represented the developer in this important matter. |
