David R. Moffitt

David R. Moffitt
Primary Office
Experience

Real Estate Litigation

  • Quiet title litigation in Lehigh County challenging a restrictive covenant interfering with a client's development of a 200-acre site for a regional hub facility.
  • Litigation in the Pennsylvania Supreme Court to enforce a commercial developer's prescriptive easement over a shopping center property.
  • Litigation in Delaware County to compel a township to honor existing non-conformities regarding parking and permit the client's proposed development of a mixed-use center to proceed.
  • Litigation in Chester County over post-closing compensation allegedly due under a $7.5 million agreement of sale.
  • Litigation to eject a neighbor from a Pennsylvania School District's property.

     

Additional Select Litigation

  • Successful defense of an $8 million lender liability action against the owner of cell tower properties in Delaware Supreme Court.
  • Successful prosecution of a claim for specific performance against the reluctant seller of a portfolio of cell tower sites in Delaware Chancery Court.
  • Successful opening of a $4 million judgment in Morris County, New Jersey against guarantors of loans to develop a restaurant property.
  • Successful defense of a suit (including trial) between limited and general partners in a restaurant venture.
  • Court-approved settlement of a clients' class action claims against the city of Newark, Delaware resulting in a substantial reduction in excessive rental permit fees.
  • Successful defense of a broker's lien claim and unprecedented award of attorney fees by Pennsylvania Superior Court under Pennsylvania's Broker's Lien Act.

     
Experience quote