Real Estate & Construction

By John C. Stellakis on August 19, 2018

In opposing Crossroad Ventures, LLC’s (“Crossroad Ventures“) endeavor to construct a vacation resort partially within the Town of Shandaken, (“Town“), grassroots preservation organization Catskill Heritage Alliance, Inc. (“Alliance“) commenced two consecutive Article 78 proceedings challenging certain approvals. The Court addressed multiple appeals from both proceedings in Catskill Heritage Alliance, Inc. v. Crossroads Ventures, LLC, et al., 161 A.D.3d 1413 (3d Dep’t 2018). In its opinion, the Court reinforced the principle that a board of appeals is the sole…

Whitman Legal Solutions Blog

What’s in Your Orchestra? Evaluating the “Bundle of Sticks” in Your Real Estate Transaction

By Elizabeth Whitman on August 19, 2018

Developing real estate can be a lot like building an orchestra from scratch. In order to build an orchestra, management will of course hire musicians. By custom, not all musicians bring their own instruments. Management will also need to know which instruments (e.g., percussion and keyboard instruments) need to be purchased. Along with purchasing instrument, management needs to get concert space, advertising, music rental and other equipment necessary for a performance. Acquiring commercial real estate…

Green Building Law Update

Mission Critical at the Department of Defense now includes Climate

By Stuart Kaplow on August 19, 2018

On August 13 the President signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019. The $716 billion H.R. 5515, authorizes appropriations for the Department of Defense for procurement of everything from aircraft, missiles, ammunition, shipbuilding and space defense to military installation construction; and is arguably the most significant environmental legislation enacted anywhere this year. On page 627 of the 1,360 page bill, for the first time there is a section entitled,…

Construction Law Toolbox

Mississippi Supreme Court Clarifies Public Procurement Issue

By Christopher Solop on August 17, 2018

On August 16, 2018, the Mississippi Supreme Court laid to rest any confusion regarding how public authorities are to address the situation where the apparent low bidder’s bid exceeds the “allocated funds” by more than ten percent (10%). [Click here to see Decision]. The procurement in question involved bids for a construction project in the City of Clarksdale (“the City”). The bids received exceeded the “allocated funds” by more than ten percent (10%).…

Lien Law News

Expired Liens: Removing a Lien in Illinois May Become Easier

By Matt Viator on August 17, 2018

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With great power comes great responsibility. When talking about mechanics liens (construction’s most powerful tool for payment), this responsibility manifests itself in strict deadlines. Once a lien is filed, the clock starts ticking. If the clock strikes zero and no enforcement action is brought, the lien “expires”. This means that the lien claimant may no longer bring an enforcement action (read: lawsuit) to enforce their lien claim. But what happens when a lien does expire? The answer to…

Housing Plus

HUD AFFH Advance Notice of Proposed Rulemaking Published

By Amy M. Glassman on August 16, 2018

As indicated earlier this week, HUD is seeking comments to inform revisions to its Affirmatively Furthering Fair Housing rule. We have been waiting for official publication of the advance notice of proposed rulemaking (ANPR) in the Federal Register to determine when these comments will be due. HUD today published the ANPR. We now know comments are due October 15, 2018.…

Rocky Mountain Sign Law Blog

In Tennessee Planned Parenthood Case, Court Finds Private Street is Not a Public Forum

By Brian J. Connolly on August 16, 2018

Last month, a federal district court in Tennessee denied a motion for preliminary injunction filed by a man who wished to picket a Planned Parenthood location in a business park in Memphis. The court determined that the private street on which the plaintiff, John Brindley, intended to picket was not a public roadway and therefore was not a traditional public forum requiring content neutral speech regulations. Planned Parenthood’s offices are located on Virginia Run Cove,…

Real Estate & Construction Law

Rights, Remedies and Procedures for Addressing Construction Defect Claims in Florida

By Scott Topolski on August 16, 2018

Florida has implemented a rather simple statutory scheme to address claims that a real property owner believes she may have against a contractor, subcontractor, supplier or design professional for construction defects on her property—whether those defects involve construction, repairs, remodeling or alterations to the property. The law, Florida Statutes Sections 558.001-005, attempts to strike a balance between protecting the rights of property owners and reducing the litigation associated with such claims. In a nutshell,…

The Legal Scoop on Southwest Florida Real Estate

Understanding Flood Zones in Florida

By Michael Lehnert on August 16, 2018

As we approach the height of hurricane season, it’s a good time for property owners to brush up on their understanding of flood zones and how they impact flood insurance. Below are some resources and answers to frequently asked questions on flood zones:…

Land Use Law Blog

The Encroacher’s Mindset: “The Most Important” Factor Of An Equitable Easement

By Glen C. Hansen on August 15, 2018

Hansen v. Sandridge Partners, L.P. (2018) 22 Cal.App.5th 1020 A. An Equitable Easement Is Often Sought Where A Prescriptive Easement And Adverse Possession Are Not Available. An oft-repeated scenario in boundary disputes goes like this: A property owner encroaches upon a neighbor’s land and then uses that land in a manner that is akin to owning the land. It could be fencing off the neighbor’s land and then possessing that land as if it actually…

Real Estate & Construction

The Domain of Interpreting Zoning Ordinance: “Resort” to the Zoning Board of Appeals

What’s in Your Orchestra? Evaluating the “Bundle of Sticks” in Your Real Estate Transaction

Mission Critical at the Department of Defense now includes Climate

Mississippi Supreme Court Clarifies Public Procurement Issue

Expired Liens: Removing a Lien in Illinois May Become Easier

HUD AFFH Advance Notice of Proposed Rulemaking Published

In Tennessee Planned Parenthood Case, Court Finds Private Street is Not a Public Forum

Rights, Remedies and Procedures for Addressing Construction Defect Claims in Florida

Understanding Flood Zones in Florida

The Encroacher’s Mindset: “The Most Important” Factor Of An Equitable Easement

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