Burkentine and Sons Builders and its affiliated entities are currently defending a federal breach of contract lawsuit in North Carolina and a historic-preservation suit they filed against the State College Borough in Pennsylvania, and the Burkentine Real Estate Group has drawn a steady flow of tenant complaints over security deposits and billing. An older construction dispute in Adams County rounds out the company’s legal history. Here is where each matter stands.
Magnolia Village Federal Breach of Contract Case
The most consequential open case is Magnolia Village ADC, LLC v. Burkentine et al., originally filed in Wake County Superior Court in North Carolina and removed on August 23, 2024, to the U.S. District Court for the Eastern District of North Carolina, case number 5:24-cv-00484, before Judge Louise Wood Flanagan.1PACER Monitor. Magnolia Village ADC, LLC v. Burkentine et al
The defendants are Burkentine and Sons Builders, Inc. and four individual Burkentines: Brian, Bryce, Michael, and Paul.2PACER Monitor. Magnolia Village ADC LLC v. Burkentine et al, Notice of Removal The dispute turns on an Agreement of Sale and a Consulting Services Contract, along with related amendments, an assignment, a termination, and a separate purchase and sale agreement involving an entity called Brightland Homes. The filings point to a real estate development deal, though the damages figure is not enumerated in the available docket entries.1PACER Monitor. Magnolia Village ADC, LLC v. Burkentine et al
Mediation did not resolve the case. In July 2025 the plaintiff filed a partial stipulation of dismissal without prejudice, then both sides filed cross-motions for summary judgment on September 2, 2025. The motions were submitted to Judge Flanagan on October 8, 2025. As of the most recent docket activity in June 2026, no ruling had issued and the case remained pending.1PACER Monitor. Magnolia Village ADC, LLC v. Burkentine et al
State College Historic Home Demolition Lawsuit
In Pennsylvania, Burkentine Properties and Penn State Ventures, LLC are the plaintiffs, not the defendants. In October 2020 they paid $300,000 for a 1938 Sears “Lynnhaven” kit home at 420 E. Foster Avenue in State College, inside the Holmes-Foster/Highlands Historical District, then applied to demolish it, citing economic hardship and an insufficient return on investment.3Centre Daily Times. Local Company Files Lawsuit Against State College Borough Over Demolition Dispute
The Historical Architectural Review Board reviewed the request twice and unanimously recommended denial, finding that demolition would harm the district and that the developers had not shown unreasonable economic hardship.4The Daily Collegian. Local Company Files Lawsuit Against State College Borough Over Demolition Dispute Borough officials also disputed the developer’s $715,000 to $750,000 repair estimate, saying it included non-essential work and that the company had bought the property knowing about the historical restrictions.3Centre Daily Times. Local Company Files Lawsuit Against State College Borough Over Demolition Dispute
On April 4, 2022, the borough council voted 6–1 to deny the demolition. Penn State Ventures sued on May 4, 2022, arguing the decision violated due process, was not supported by substantial evidence, and that the council acted as a biased tribunal by declining to accept additional testimony before its vote. As of August 2024, the case was set for a bench trial in the Centre County Court of Common Pleas.5StateCollege.com. Why State College Borough Council Discussed Potentially Repealing HARB Ordinance
Tenant Complaints Against Burkentine Real Estate Group
The property management arm of the business has generated a separate stream of consumer complaints. The Better Business Bureau, which notes that the company is not BBB-accredited, lists 17 complaints against Burkentine Real Estate Group over the past three years, with seven closed in the most recent 12 months.6Better Business Bureau. Burkentine Real Estate Group BBB Complaints
Security deposit disputes are the most common issue. Multiple tenants alleged they were billed for cleaning, painting, and carpet work they considered normal wear and tear, even when they submitted move-out photos. Withheld amounts in individual disputes ranged from roughly $1,000 to over $1,090. Tenants also reported being double-charged for rent during move-outs and billed for trash removal services they said were never provided.6Better Business Bureau. Burkentine Real Estate Group BBB Complaints
A January 2026 complaint stood out. A tenant alleged that management taped a $15,905 invoice to the front door of their unit after a fire, characterizing the posting as harassment and unfair debt collection because it exposed private financial information. Management responded that the charges reflected damages not covered by the tenant’s insurance.6Better Business Bureau. Burkentine Real Estate Group BBB Complaints
Across the complaints, tenants describe management as slow to respond to calls and emails and say the company defends charges with boilerplate references to lease terms and internal records. These are consumer complaints, not court judgments.
2009 Adams County Construction Dispute
The company’s earlier litigation is a construction dispute in New Oxford, Pennsylvania. In 2009, the Conjack family sued Burkentine and Sons Builders in the Adams County Court of Common Pleas (case 09-S-1918) over work completion and warranty repairs. Burkentine and an affiliate, Stone Ridge Development Corporation, filed a countersuit (case 09-S-1990) alleging defamation and commercial disparagement.7PA Legal Ads. Adams County Legal Journal
In July 2010, the court struck the commercial disparagement claim for failure to state a viable cause of action. The defamation claim survived preliminary objections but was found insufficiently specific, and Burkentine was given 20 days to file an amended complaint.7PA Legal Ads. Adams County Legal Journal
Who Burkentine Builders Is
Burkentine and Sons Builders was founded in 1989 in Hanover, Pennsylvania, by Paul and Rajean Burkentine as a custom homebuilder. It has since expanded into land development, engineering, construction, property management, sales, and leasing, and operates in Pennsylvania, Maryland, Connecticut, Tennessee, South Carolina, North Carolina, and Florida. Paul Burkentine is founder and president, with sons Michael, Bryan, and Bryce Burkentine as co-owners.8Burkentine.com. Burkentine Real Estate Group Executive Summary