Adrianne C. Strong


Judgment for client in suit over payment of costs to relocate power lines

We represented Berwind Corporation (Berwind) in a lawsuit instituted by Pennsylvania Electric Company (Penelec) filed in the Court of Common Pleas of Somerset County, Pennsylvania. This declaratory judgment action concerned the interpretation of a right of way agreement (the Agreement) executed in 1977, under which Berwind allowed Penelec to install and maintain a power line and related facilities in a defined right of way over Berwind’s coal-rich land. Starting in 2008, Berwind advised Penelec that Berwind's lessee intended to conduct surface coal mining activities in the right of way, and Penelec's power line could be damaged if it were not relocated. The parties asked the court to interpret the Agreement to determine who had to pay the cost to relocate Penelec's power line. The parties filed cross-motions for summary judgment and the court issued a decision in Berwind’s favor. After oral argument on appeal, the Superior Court of Pennsylvania upheld the decision, ending the case in Berwind’s favor.

Negotiated Resolution for Homeowners Association in Breach of Contract Case

Dinsmore was retained to defend a homeowners association (HOA) in connection with a lawsuit filed against it by a real estate developer and a management company related to the golf course associated with the neighborhood. The case stemmed from the ouster of the HOA’s old board of directors and the subsequent repudiation of a contract by the HOA’s new board members. The developer and management company sought a declaration of rights regarding a lease for the golf course and an associated management agreement. They also sought monetary damages associated with both the termination of the management agreement and a prior alleged debt owed by the HOA in connection with a prior purported lease for the golf course. Working with the HOA’s outside counsel, who pursued affirmative claims against the developer, management company, and others, we negotiated a resolution to this complex contract and real property dispute.