Eight Meyer, Unkovic & Scott Attorneys Named Rising Stars

Meyer, Unkovic & Scott is pleased to announce that eight of its attorneys have been named to the Pennsylvania Rising Stars list of the top up-and-coming attorneys in Pennsylvania for 2013.

Meyer, Unkovic & Scott attorneys named in this year’s Pennsylvania Rising Stars are Frank Kosir, Jr. (Real Estate), Joshua Lorenz (Business Litigation – 6th year listed), Chad Michaelson  (Business Litigation – 6th year listed), Andrew Noble  (Business Litigation – 3rd year listed), Antoinette Oliver  (Business Litigation), Brian Sommer  (Business Litigation),  Tony Thompson  (Business Litigation), and Jason Yarbrough (Construction/Surety – 4th year listed).

The Rising Stars lists are published nationwide by Super Lawyers, a Thomson Reuters business rating service that evaluates outstanding lawyers across the nation annually using statewide surveys, independent research evaluations, and peer reviews in more than 70 practice areas.

For the awards, lawyers are asked to nominate the best attorneys who are 40 or under, or who have been practicing for 10 years or less. No more than 2.5 percent of the lawyers in the state of Pennsylvania receive the Rising Star award.

Frank Kosir is a member of Meyer, Unkovic & Scott’s Real Estate and Lending Group, Litigation and Dispute Resolution Group, Corporate and Business Law Group and Construction Law Group.  Mr. Kosir has significant experience in all areas of real property law. He represents clients in a wide range of matters including commercial and residential real estate tax assessment appeals, commercial and residential sales and leasing, oil and gas lease negotiations, boundary line disputes, title defense, commercial and residential landlord-tenant proceedings, quiet title proceedings, eminent domain proceedings, condominium creation and amendment, construction disputes and zoning and land use issues.  He is a graduate of Washington & Jefferson College and Duquesne University School of Law, and resides in Peters Township.

Joshua Lorenz is a member of the firm's Business Litigation, Construction and Real Estate Groups, serving as Co-Chair of Meyer, Unkovic & Scott’s Construction Group. He regularly represents the firm's construction, corporate, municipal and individual clients in their contractual matters, including contract negotiation, review and drafting, as well as handling both the prosecution and defense of their disputes before state and federal courts, arbitration panels and administrative agencies. Mr. Lorenz graduated from Virginia Tech and the Pennsylvania State University Dickinson School of Law, and resides in Murrysville with his family where he serves as an elected member of Murrysville Council.

Chad Michaelson chairs the firm’s Sustainable Development Practice Group and is a member of the firm’s Business Litigation, Construction Law and Tort Litigation Groups. His practice is focused on commercial and construction litigation, including contract disputes, shareholder and partner disputes, tort defense and trade secrets and business protection litigation. He also serves on the Mt. Lebanon Board of Appeals and advises the Seton-LaSalle High School Mock Trial program. He graduated from West Virginia University and the Emory University School of Law, and resides in Mt. Lebanon.

Andrew Noble is a member of the firm’s Business Litigation, Tort Litigation and Intellectual Property Groups. He has represented clients in both state and federal courts on a wide variety of commercial litigation matters. The clients that Mr. Noble has represented range from Fortune 500 companies to small sole proprietorships.  He has handled cases involving breach of contract, copyright infringement, trade secret misappropriation, insurance coverage, oil and gas leases and commercial landlord-tenant disputes. He graduated from the University of Pittsburgh and the University of Pittsburgh School of Law, and resides in Oakmont.

Antoinette Oliver is a member of several Meyer, Unkovic & Scott groups including the Intellectual Property Group, Employment Law & Employee Benefits, Litigation & Dispute Resolution Group. Her practice involves representing clients in commercial disputes in both state and federal court, including claims for breach of contract, fraud, negligence, UCC, insurance coverage and collection matters.  She also has substantial experience in defending clients against products liability, personal injury claims and employment law matters. She is a graduate of Smith College and the University of Pittsburgh School of Law, and resides in Mount Lebanon.

Brian Sommer is a member of the firm’s Litigation & Dispute Resolution, Employment Law & Employee Benefits, Intellectual Property and Sustainable Development Groups.  His practice focuses on commercial litigation, particularly securities litigation, intellectual property disputes, Marcellus Shale litigation, and shareholder rights. He is a graduate of the University of Vermont and the University of Pittsburgh School of Law, and resides in Squirrel Hill.

Tony Thompson is member of the Litigation & Dispute Resolution, Employment Law & Employee Benefits and Intellectual Property Groups of Meyer, Unkovic & Scott. He counsels clients on a variety of matters, including contract negotiations, trade secrets, labor-management relations, complex commercial litigation, and commercial landlord and tenant disputes.  Mr. Thompson has also represented plaintiffs and defendants in both state and federal courts, as well as in arbitration proceedings. He graduated from Washington & Jefferson College and the University of Pittsburgh School of Law, and resides in Monroeville.

Jason Yarbrough is a member of Meyer, Unkovic & Scott’s Construction Law, Litigation & Dispute Resolution and Creditors' Rights Groups. Mr. Yarbrough has represented corporate entities, officers, individuals and family-owned businesses in state and federal courts, state agencies and arbitrations on a variety of complex commercial, construction and real estate litigation matters. In his construction practice, Mr. Yarbrough represents owners, contractors, engineers, and code enforcement officials in disputes arising out of both public and private construction projects. He also frequently represents clients in commercial disputes, the sale or lease of commercial and residential real estate and real property tax assessments. He graduated from the University of Notre Dame and from the University of Pittsburgh School of Law, and resides in Allison Park (Hampton Township).

VisionPittsburgh Luncheon - August 6th

Meyer, Unkovic & Scott is proud to be a sponsor of the VisionPittsburgh luncheon series.  The next luncheon will feature Ed Fritsch, CEO of Highwood Properties, on Tuesday, August 6 from 11:30 a.m. – 1:30 p.m.  at the Duquesne Club. 

For additional information, please go to http://www.bizjournals.com/pittsburgh/event/85251

The Optimal Buyer for your Business Is Likely to be Large and International

Dennis Unkovic, Esquire
du@muslaw.com

Dennis Unkovic's article "The Optimal Buyer for your Business Is Likely to be Large and International" was published online by The CEO Magazine.  Please click here to read Dennis' article.

PBI Seminar Tuesday, July 23rd - Title Insurance 101

Frank Kosir, Esquire
fk@muslaw.com

Frank Kosir will serve as a faculty member for the Title Insurance 101 PBI Seminar.  The seminar will take place on Tuesday, July 23, 2013 at the PBI Professional Development Conference Center, Heinz 57 Center, 339 Sixth Avenue, 7th floor.  The presentation is scheduled to begin promptly at 9:00 a.m. and end at 1:15 p.m.  Those who attend will be eligible for 4 CLE credits.  For more information or to register, please click here.

Writ Of Mandamus to Assign Tax Parcel Numbers

Moyer, et al v. Gudknecht, et al. 2013 Pa. Commw. LEXIS 89 (2013)



Frank Kosir, Jr., Esquire
fk@muslaw.com

This matter addressed the issue of whether a property owner was entitled to a writ of mandamus compelling a local board of assessment to assign tax parcel numbers to certain parcels of real property.  In 2007, Ralph Moyer (“Moyer”) purchased a parcel of real property (“Moyer Property”) situated in Milford Township (“Township”), Bucks County (“County”), Pennsylvania.  The Moyer Property had been conveyed on several prior occasions dating back to the 1950s, with each deed of conveyance describing the boundaries of the Moyer Property as “according to a recent survey and plan dated March 16, 1956, as prepared by Stanley F. Moyer, Registered Engineer and Land Surveyor, Souderton, Pennsylvania,” with no reference to any specific lots.  However, the deed into Moyer amended the property description to also state:  “AND, being more particularly described as Lots 1 to 4 on said plan prepared by Stanley F. Moyer, bounded and described as follows,” and included descriptions of the four lots.  Although there was no recorded subdivision plan depicting the lots described in the deed into Moyer, the Office of the Bucks County Recorder of Deeds nonetheless accepted the deed into Moyer for recording.

In August of 2007, Moyer conveyed “Lot 3” of the Moyer Property to Alfred O. Werner (“Werner”), and submitted his deed into Werner for recording with the office of the Bucks County Recorder of Deeds.  At the same time, Moyer requested that the Bucks County Board of Assessment (“Board”) assign separate tax parcel numbers to the individual lots described in the deed into him.  However, the Board denied Moyer’s request concluding that, since the individual lots were not part of a recorded subdivision plan, and were not depicted on any County tax map, they were in violation of both Township ordinances and County subdivision regulations requiring the approval of any subdivision plan creating three or more new parcels.  As a result of the Board’s refusal to issue a tax parcel number, the Recorder of Deeds refused to accept the deed for the recording.  In response, Moyer and Werner commenced an action against the Board and the Recorder of Deeds in the Bucks County Court of Common Pleas seeking writs of mandamus compelling the Board to issue tax parcel numbers for the individual lots and the Recorder of Deeds to accept the deed for recording.  The trial court conducted a hearing, and issued an order dismissing all of Moyer and Werners’ claims with prejudice.

On appeal, our Commonwealth Court affirmed.  In issuing its ruling, the court concluded that, pursuant to the Pennsylvania Uniform Parcel Identifier Law (21 P.S. §331, et seq. ) (“Law”), counties are entitled to create and implement by ordinance a uniform parcel identifier system.  In this matter, the County had implemented such an ordinance stating that, where a deed of conveyance results in a change in the size or description of the real estate from the prior deed in the chain of title, in order to receive a tax parcel number, the grantee is required to provide the Board with a metes and bounds description derived from a survey, as well as a lot number referencing a specific recorded subdivision plan prepared by a licensed surveyor.  As such, in order to be entitled to tax parcel numbers, Moyer and Werner were required to satisfy all of the requirements of the ordinance and, since they were unable to produce a recorded subdivision plan with an engineer’s seal, they had failed to satisfy the requirements of the ordinance and were not entitled to mandamus relief.  The court further noted that, although the Law does not require a recorded subdivision plan as a condition for the issuance of a tax parcel number, nothing in the Law precludes the County from establishing such an additional requirement.

'Reasonable' Changes to Retiree Health Plans

Richard Kennedy’s article 'Reasonable' Changes to Retiree Health Plans, was recently published in the Pittsburgh Post-Gazette’s Business Workshop Section.  Please click here to view Rich’s full article.

The Art of Growing Women-Owned Businesses

Beth Slagle, Esquire
bas@muslaw.com

Attorney Beth Slagle was interviewed on The Art of Growing Women-Owned Businesses in the Spring 2013 edition of the Chatham University Recorder.  Please click here to view the entire article.

U.S. Supreme Court - Land Use Mitigation Requirements May Result In Regulatory Taking

Andrea Geraghty, Esquire
ag@muslaw.com

In another decision by a sharply divided Court, on June 25, 2013 the United States Supreme Court issued a ruling very important to land owners and developers.  In Koontz v. St. Johns River Water Management District, No 11-1447, the Court addressed the constitutionality of conditions imposed on real estate development by a governmental unit, and concluded that “a unit of government may not condition the approval of a land-use permit on the owner’s relinquishment of a portion of his property unless there is a ‘nexus’ and ‘rough proportionality’ between the government’s demand and the effect of the proposed land use.”
 

In 1972, Koontz purchased an undeveloped 14.9 acre tract of land along a state road near Orlando; much of it impacted by power lines and road easements and considered wetlands by the State.  In 1984, after taking into consideration the negative impacts on the land, Koontz proposed to develop a 3.7 acre portion on the northern edge of the property, with an offer of a conservation easement precluding development of the remaining 11.2 acres. The Water Management District instead insisted on a larger conservation easement area or a cash payment to cover the cost of improvements to wetlands miles away from the proposed development site.
 

The nexus and rough proportionality standards derived from the Supreme Court’s earlier decisions in Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994).  The Florida Supreme Court declined to give effect to these standards as it believed that Nollan and Dolan would only be applicable when the government insists on dedication of interests in real property, not where, as in the Koontz matter, the government instead insisted on the payment of money for off-site improvements.  In addition, the Florida Court maintained that these standards only came in to play when the government unit approved and issued a permit with conditions, not when, as here, the government denied a permit.
 

The Supreme Court explained “the central concern of Nollan and Dolan [is that] the risk that the government may use its substantial power and discretion in land-use permitting to pursue governmental ends that lack an essential nexus and rough proportionality to the effects of the proposed new use of the specific property at issue, thereby diminishing without justification the value of the property”.  While a government continues to have the right to choose whether and how a permit applicant is required to mitigate the impacts of a proposed development, “it may not leverage its legitimate interest in mitigation to pursue governmental ends that lack an essential nexus and rough proportionality to those impacts”.
 

For the full opinion: http://www.supremecourt.gov/opinions/12pdf/11-1447_4e46.pdf

Eight Meyer, Unkovic & Scott Attorneys Named Top Rising Attorneys In Pennsylvania For 2013

Meyer, Unkovic & Scott is pleased to announce that eight of its attorneys have been named to the Pennsylvania Rising Stars list of the top up-and-coming attorneys in Pennsylvania for 2013.

Meyer, Unkovic & Scott attorneys named in this year’s Pennsylvania Rising Stars are Frank Kosir, Jr. (Real Estate), Joshua Lorenz (Business Litigation – 6th year listed), Chad Michaelson  (Business Litigation – 6th year listed), Andrew Noble  (Business Litigation – 3rd year listed), Antoinette Oliver  (Business Litigation), Brian Sommer  (Business Litigation),  Tony Thompson  (Business Litigation), and Jason Yarbrough (Construction/Surety – 4th year listed).

The Rising Stars lists are published nationwide by Super Lawyers, a Thomson Reuters business rating service that evaluates outstanding lawyers across the nation annually using statewide surveys, independent research evaluations, and peer reviews in more than 70 practice areas.

For the awards, lawyers are asked to nominate the best attorneys who are 40 or under, or who have been practicing for 10 years or less. No more than 2.5 percent of the lawyers in the state of Pennsylvania receive the Rising Star award.

Frank Kosir is a member of Meyer, Unkovic & Scott’s Real Estate and Lending Group, Litigation and Dispute Resolution Group, Corporate and Business Law Group and Construction Law Group.  Mr. Kosir has significant experience in all areas of real property law. He represents clients in a wide range of matters including commercial and residential real estate tax assessment appeals, commercial and residential sales and leasing, oil and gas lease negotiations, boundary line disputes, title defense, commercial and residential landlord-tenant proceedings, quiet title proceedings, eminent domain proceedings, condominium creation and amendment, construction disputes and zoning and land use issues.  He is a graduate of Washington & Jefferson College and Duquesne University School of Law, and resides in Peters Township.

Joshua Lorenz is a member of the firm's Business Litigation, Construction and Real Estate Groups, serving as Co-Chair of Meyer, Unkovic & Scott’s Construction Group. He regularly represents the firm's construction, corporate, municipal and individual clients in their contractual matters, including contract negotiation, review and drafting, as well as handling both the prosecution and defense of their disputes before state and federal courts, arbitration panels and administrative agencies. Mr. Lorenz graduated from Virginia Tech and the Pennsylvania State University Dickinson School of Law, and resides in Murrysville with his family where he serves as an elected member of Murrysville Council.

Chad Michaelson chairs the firm’s Sustainable Development Practice Group and is a member of the firm’s Business Litigation, Construction Law and Tort Litigation Groups. His practice is focused on commercial and construction litigation, including contract disputes, shareholder and partner disputes, tort defense and trade secrets and business protection litigation. He also serves on the Mt. Lebanon Board of Appeals and advises the Seton-LaSalle High School Mock Trial program. He graduated from West Virginia University and the Emory University School of Law, and resides in Mt. Lebanon.

Andrew Noble is a member of the firm’s Business Litigation, Tort Litigation and Intellectual Property Groups. He has represented clients in both state and federal courts on a wide variety of commercial litigation matters. The clients that Mr. Noble has represented range from Fortune 500 companies to small sole proprietorships.  He has handled cases involving breach of contract, copyright infringement, trade secret misappropriation, insurance coverage, oil and gas leases and commercial landlord-tenant disputes. He graduated from the University of Pittsburgh and the University of Pittsburgh School of Law, and resides in Oakmont.

Antoinette Oliver is a member of several Meyer, Unkovic & Scott groups including the Intellectual Property Group, Employment Law & Employee Benefits, Litigation & Dispute Resolution Group. Her practice involves representing clients in commercial disputes in both state and federal court, including claims for breach of contract, fraud, negligence, UCC, insurance coverage and collection matters.  She also has substantial experience in defending clients against products liability, personal injury claims and employment law matters. She is a graduate of Smith College and the University of Pittsburgh School of Law, and resides in Mount Lebanon.

Brian Sommer is a member of the firm’s Litigation & Dispute Resolution, Employment Law & Employee Benefits, Intellectual Property and Sustainable Development Groups.  His practice focuses on commercial litigation, particularly securities litigation, intellectual property disputes, Marcellus Shale litigation, and shareholder rights. He is a graduate of the University of Vermont and the University of Pittsburgh School of Law, and resides in Squirrel Hill.

Tony Thompson is member of the Litigation & Dispute Resolution, Employment Law & Employee Benefits and Intellectual Property Groups of Meyer, Unkovic & Scott. He counsels clients on a variety of matters, including contract negotiations, trade secrets, labor-management relations, complex commercial litigation, and commercial landlord and tenant disputes.  Mr. Thompson has also represented plaintiffs and defendants in both state and federal courts, as well as in arbitration proceedings. He graduated from Washington & Jefferson College and the University of Pittsburgh School of Law, and resides in Monroeville.

Jason Yarbrough is a member of Meyer, Unkovic & Scott’s Construction Law, Litigation & Dispute Resolution and Creditors' Rights Groups. Mr. Yarbrough has represented corporate entities, officers, individuals and family-owned businesses in state and federal courts, state agencies and arbitrations on a variety of complex commercial, construction and real estate litigation matters. In his construction practice, Mr. Yarbrough represents owners, contractors, engineers, and code enforcement officials in disputes arising out of both public and private construction projects. He also frequently represents clients in commercial disputes, the sale or lease of commercial and residential real estate and real property tax assessments. He graduated from the University of Notre Dame and from the University of Pittsburgh School of Law, and resides in Allison Park (Hampton Township).

Ten Meyer, Unkovic & Scott Attorneys Named As Top Attorneys In Pennsylvania For 2013

Meyer, Unkovic & Scott attorneys named in this year’s Pennsylvania Super Lawyers include Patricia L. Dodge (Business Litigation), Andrea Geraghty (Real Estate), Ronald L. Hicks, Jr. (Business Litigation), Richard G. Kotarba (Construction Litigation), James R. Mall (Construction Litigation), Robert Mauro (Real Estate), Kevin F. McKeegan (Business/Corporate), Russell J. Ober, Jr. (Business Litigation), David G. Oberdick (Intellectual Property Litigation), and W. Grant Scott (Real Estate).

In addition to designation as a “Super Lawyer”, Patricia L. Dodge was named to Super Lawyers’ lists of PA Top 100 Lawyers, PA Top 50 Women Lawyers, and Pittsburgh Top 50 Lawyers.  Andrea Geraghty was also included on the list of PA Top 50 Women Lawyers.

Super Lawyers, a Thomson Reuters business rating service, evaluates outstanding lawyers across the nation annually using statewide surveys, independent research evaluations, and peer reviews in more than 70 practice areas. No more than 5 percent of the lawyers in the state of Pennsylvania are selected and featured by Super Lawyers.

Patricia L. Dodge is the managing partner of Meyer, Unkovic & Scott. Dodge has practiced as a trial lawyer for more than 30 years, representing a wide range of foreign and domestic corporations, closely-held businesses, municipal agencies, and individuals in connection with complex commercial litigation, securities fraud, products liability and land use litigation. She is a trustee of the Allegheny County Bar Foundation and a hearing officer for the Pennsylvania Disciplinary Board. She is a graduate of Pennsylvania State University and Duquesne University School of Law and resides in Thornburg.

Andrea Geraghty advises clients through land acquisition, development, construction, and management of real estate ventures. She has significant litigation experience in diverse real estate related matters, including eminent domain, property tax assessment appeals, real estate broker’s commissions, and leasing. She is a graduate of Indiana University of Pennsylvania and Duquesne University School of Law, and resides in Point Breeze.

Ronald L. Hicks, Jr. is a member of the firm’s Management Committee and Vice-Chair of its Business & Tort Litigation Group and the partner-in-charge of Paralegals and co-chair of the Litigation Section of Meritas, an association of select independent law firms in principal cities worldwide.  Hicks is a civil trial and appellate lawyer who works closely with businesses and individuals on complex litigation matters, with particular service to the gay, lesbian and non-traditional family business community.  Hicks grew up in North Sewickley Township. He graduated from Pennsylvania State University in 1984 and Wake Forest University School of Law in 1987. He currently resides in Pittsburgh’s South Side neighborhood.

Richard G. Kotarba is Senior Counsel of Meyer, Unkovic & Scott. He has represented several nationally known construction companies, title insurance companies and other high-profile clients in a broad range of practice areas for more than 45 years. His experience has covered bid protest, review and negotiation of construction contracts, federal and state government construction contracting. He graduated from John Carroll University and Boston College Law School, and resides in Sewickley. This year marks his tenth consecutive time named a Pennsylvania Super Lawyer.

James R. Mall is Chair of the firm's Construction Practice Group and focuses his practice in construction and commercial litigation, land use and zoning. He has handled numerous construction cases involving power plants, ballparks, hospitals, airports, schools and commercial buildings.  Mall also serves as counsel to the Hampton Township Zoning Hearing Board. He graduated from the University of Notre Dame with three degrees, and resides in Hampton Township.

Robert Mauro is Chairman of the firm’s Transactional Department and practices primarily in the areas of commercial real estate and lending, debt restructure, commercial leasing, and real estate acquisition and development. Mauro has represented developers in major office building sales and acquisitions, residential development projects, and resort and golf course developments. He currently serves as Director of the Fox Chapel Area School District and previously served on the Board of Directors of The Pittsburgh Field Club. Mauro graduated from Cornell University and The Dickinson School of Law, and resides in Fox Chapel.

Kevin F. McKeegan is head of the Business & Personal Planning Group and is a member of the Real Estate & Lending Group. With more than thirty years of experience, his practice includes corporate planning and transactions, land use development, commercial real estate, acquisition and development, and commercial lease transactions. His corporate practice includes the representation of construction, engineering and manufacturing companies, as well as new ventures and start-up concerns.  He graduated from Dickinson College and the University of Pittsburgh School of Law, and resides in Indiana Township.

Russell J. Ober, Jr. is Chair of the Business & Tort Litigation Practice Group. For nearly 40 years, he has focused his practice on the litigation of business and commercial disputes, construction litigation, and the defense of product liability, errors and omissions, and other casualty claims.  Ober is a Fellow of the Academy of Trial Lawyers of Allegheny County and has served on its Board of Governors and as Chair of the Federal Practice Committee.  He is also a member of the International Association of Defense Counsel and the Defense Research Institute. He received his undergraduate and graduate degrees from the University of Pittsburgh and resides in Mt. Lebanon.

David G. Oberdick concentrates his practice on representing and providing counsel to companies and individuals in intellectual property matters, including patents, trademarks, copyrights, trade secrets, intellectual property litigation and related business transactions. His litigation experience in the intellectual property area has included infringement and misappropriation litigation, restrictive covenants, licensing disputes, injunction proceedings, and related breach of contract issues. He is a faculty advisor at the University of Pittsburgh School of Law’s Intellectual Property Moot Court and a member of the Avonworth School Board. He graduated from the University of Pittsburgh School of Law, and resides in Ohio Township.

W. Grant Scott is Chair of the Real Estate & Lending Group. He counsels clients on the structuring, negotiation and documentation of sophisticated real estate transactions. He also advises owners and tenants on leasing agreements, counsels borrowers on financing and works in tandem with the firm’s Corporate and Tax Departments on the real estate components of mergers, acquisitions and dissolutions. He graduated from the University of Virginia and resides in Sewickley.