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Adobe PDFBill 150: Green Energy and Green Economy Act, 2009
J. Pitman Patterson, Christel Higgs, Christina Vechsler, Stephen Waque; Borden Ladner Gervais LLP;
Legal Alert/Article
October 9, 2009, previously published on February 24, 2009
Bill 150, the Green Energy and Green Economy Act, 2009 ("Bill 150"), had first reading on February 23, 2009. If passed, Bill 150 would enact the Green Energy Act, 2009, amend and repeal 21 existing statutes, and significantly alter municipal involvement in renewable energy projects.

 

Adobe PDFFINTRAC and its Application to Real Estate Developers and Brokers
Shelley Munro, Karin Grubb; Borden Ladner Gervais LLP;
Legal Alert/Article
October 8, 2009, previously published on January 2009
Effective February 20, 2009, real estate developers will need to comply with new requirements aimed at preventing money laundering. The Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17 (the "Act") and regulations will be amended to impose on real estate...

 

HTMLMechanics' Lien Claims Against Multi-Ownership Properties in Colorado: Blanket Liens and the Duty to Allocate
Stephen A. Wichern; Faegre & Benson LLP;
Legal Alert/Article
September 28, 2009, previously published on September 18, 2009
Mechanics' lien claims against multi-ownership properties, such as condominiums or multi-unit housing developments, are anything but straightforward. On these types of projects, the general contractor or subcontractor typically works under a single contract (with the owner/developer or general...

 

Adobe PDFThe Industry Today
Wayne L. Kaplan; Ruskin Moscou Faltischek, P.C.;
Legal Alert/Article
September 22, 2009, previously published on February 2009
The economic environment is deteriorating at a rapid and accelerating pace, and the seniors' housing and care industry has not been immune but has been holding up fairly well. Acquisition prices have declined as financing has dried up. Values have dropped and cap rates are up. While other sectors...

 

Adobe PDFThe Industry Today
Wayne L. Kaplan; Ruskin Moscou Faltischek, P.C.;
Legal Alert/Article
September 22, 2009, previously published on April 2009
The U.S. economy is barely purring, in a credit crunch, undergoing economic contraction, and continues to shed jobs. Notwithstanding all of the "pessimism porn" - titillatingly bleak media reports on the state of the economic collapse, much like my opening sentence above - prices of...

 

Adobe PDFThe Industry Today
Wayne L. Kaplan; Ruskin Moscou Faltischek, P.C.;
Legal Alert/Article
September 22, 2009, previously published on July 2009
It seems as if the economy has bottomed out and the "recession" or whatever you want to call our economic situation over the past 2 years may soon be behind us. But we will probably be faced with slow growth over the next few years instead of a quick turnaround. Hotels, hospitals,...

 

HTMLSubdivision Map Act Preempts County Ordinance That Imposed Additional Restrictions on Converting a Mobilehome Park to Resident Ownership
Mona Ebrahimi, Karina K. Terakura, Amara Harrell; Kronick Moskovitz Tiedemann & Girard, [incorporation phrase format]A Law Corporation;
Legal Alert/Article
September 11, 2009, previously published on September 8, 2009
In Sequoia Park Associates v. County of Sonoma, (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., August 21, 2009), a California Court of Appeal found that the provisions of the Subdivision Map Act that govern the conversion of a mobilehome park from a rental to a resident ownership basis preempt a county...

 

HTMLAmendments to A County General Plan and Zoning Ordinance Are Legislative Acts And Subject To the Initiative Process
Jon E. Goetz, Mona Ebrahimi, Karina K. Terakura, Amara Harrell; Kronick Moskovitz Tiedemann & Girard, A Law Corporation;
Legal Alert/Article
September 11, 2009, previously published on September 2, 2009
In Citizens For Planning Responsibly v. County of San Luis Obispo, (--- Cal.Rptr.3d ----, Cal. App. 2 Dist., August 4, 2009), a California Court of Appeal upheld a county initiative measure that approved a large mixed-use development in an area near an airport, finding that voters may override the...

 

HTMLMortgagees in Indiana Have Priority over Mechanic's Lien Holders Improving Land for a Residential Subdivision
Brian M. Falcon;
Legal Alert/Article
September 11, 2009, previously published on August 31, 2009
Prior to the economic downturn, there was no shortage of residential subdivisions being developed and built in Indiana. One issue which emerged from such construction was the relative priorities afforded to those who funded the development and those who made the improvements to the development...

 

HTMLNinth Circuit Finds That New Home Buyer Plaintiffs Fail To Satisfy Per Se Tying Element That Amount Of Commerce Not Be "Insubstantial" "Zero Foreclosure" Is Less Than "De Minimus."
Don T. Hibner, Thomas D. Nevins; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 10, 2009, previously published on September 3, 2009
Buyers of newly constructed homes in the Boise, Idaho, area filed a federal antitrust class action, alleging that realtors representing owners of undeveloped property tied the sale of the undeveloped lots to realtors' services and commissions that included the new homes constructed on the lots by...

 


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