Latest Case: Uthus v. Valley Mill Camp (Real Estate & Property Law)

Why the Supreme Court was Right Last Week to Deny Review of the Pennsylvania Supreme Court Decisions Handed Down Prior to the 2020 Election

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois Law dean Vikram David Amar and professor Jason Mazzone argue that the U.S. Supreme Court correctly denied review last week of the Pennsylvania Supreme Court decisions handed down before the 2020 election. Dean Amar and Professor Mazzone explain why the majority denied review and point out that the dissenting opinions unwittingly demonstrate the rightness of the majority.

Read More

Uthus v. Valley Mill Camp

Docket: 7/20

Opinion Date: March 4, 2021

Judge: Hotten

Areas of Law: Real Estate & Property Law

In this family dispute regarding a family business the Court of Appeals affirmed the judgment of the court of special appeals affirming the decision of the trial court entering judgment in favor of Valley Mill Camp, Inc., holding that a person claiming the right to possession against a person in actual peaceable possession of real property can bring an action in circuit court for common law trespass to recover possession of the property. In 2017, after some escalating family disagreements, Valley Mill terminated the employment of Bruce Uthus and requested that he vacate the campground residence, where he had been living for approximately twenty years. Uthus refused to leave, and Valley Mill brought this trespass action. The circuit court entered judgment in favor of Valley Mills. The court of special appeals affirmed. The Court of Appeals affirmed, holding (1) Valley Mill had the choice to take legal action to remove Uthus from the campgrounds either by filing a trespass action in circuit court or a wrongful detainer action in district court; and (2) Valley Mill met all the elements of trespass.