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|Consulted First Nation as Purchaser - The Willingdon Lands Story|
Craig Shirreff; McCarthy Tétrault LLP;
April 23, 2014, previously published on April 21, 2014In recent years, there has been significant media attention and court consideration of the Crown’s duty to consult with First Nations in respect of, among other things, decisions relating to Crown land. In British Columbia, the consultation process often injects time, uncertainty and cost...
|Bright Line Rule: Collateral Estoppel Precludes Attacks on Quasi-Judicial Permit Decisions (But Stay Tuned: Rehearing Granted on the Court’s Own Motion)|
James E. Pugh, Deborah M. Rosenthal; Sheppard, Mullin, Richter & Hampton LLP;
April 23, 2014, previously published on April 16, 2014Simply stated: “[a] collateral attack is not a substitute for an appeal” reasoned the Second Appellate District Court in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 03/18/2014, B243015) ---Cal.App.2nd---, 2014). This is a case where the Coastal Commission and...
|CMBS Litigation: The Guarantor Actually Wins One|
Kohrman Jackson Krantz PLL;
April 22, 2014, previously published on April 21, 2014On April 7, 2014, the US District Court in the Southern District of New York granted summary judgment in favor of the Guarantor in CP III Rincon Towers, Inc. (Plaintiff) v. Richard Cohen (Defendant) (No. 10 Civ. 4638 (DAB). The substance of the court action revolved around a CMBS mortgage loan on...
|Real Estate Tax Liens Attach to Persons, Not Just Property|
Aana L. Maguire, Karen M. Sanchez; Obermayer Rebmann Maxwell & Hippel LLP;
April 22, 2014, previously published on April 10, 2014In 2013, the Pennsylvania legislature passed an amendment to the Municipal Claim and Tax Lien Law (Act No. 93 of 2013, the “Amendment”), designed to give municipalities and school districts improved means of collecting tax revenue. The Amendment permits a taxing district to enforce a...
|When Common Sense Is Just Plain CEQA Horse Sense|
William W. Abbott; Abbott & Kindermann, LLP;
April 22, 2014, previously published on April 8, 2014The 14th District Agricultural Association operates the Santa Cruz County fairgrounds outside of Watsonville. Built in 1941, this facility hosted agricultural, rodeo and county fairs for many years. In 2009, the county sheriff’s association approached the Association about hosting a three day...
|Cost Plus Contracts And Fiduciary Duties|
Neil S. Lowenstein; Vandeventer Black LLP;
April 21, 2014, previously published on April 2014While owner and contractors have always worked together in completing projects, they also have their own self-interests. Chief among those for owners is a quality, low cost project. Chief among those for contractors is a quality, high profit project. Those self-interests can collide with cost-plus...
|Massachusetts High Court Expands Strict Liability for Building Code Violations|
Jeffrey R. Blease, Thomas I. Elkind; Foley & Lardner LLP;
April 21, 2014, previously published on April 16, 2014In an April 10, 2014, decision that expressly overruled its own 15-year old precedent, the Massachusetts Supreme Judicial Court has held that the owner of a building used as a place for a large number of people to gather will be strictly liable for an injury resulting from any building code...
|Arbitration Proper for Defendant Condo Association, But Not For Defendant Unit Owner|
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
April 20, 2014, previously published on April 2014Plaintiff Kamal Jahanbein, a unit owner and member of the Ndidi Condominium Unit Owners Association, Inc. (the Condo Association), sued the Condo Association for breach of fiduciary duty and sued Jamal Sahri, a fellow unit owner, for negligence, after the water pipes in Mr. Sahri’s unit burst...
|Special Problems of Syndicated Loans|
Dentons Canada LLP;
April 20, 2014, previously published on April 14, 2014Syndication continues to grow in popularity among lenders. Here, the authors explain the significant legal issues surrounding such transactions.
|Underlying Information Required for Diminished Value Calculations for Breach of Commercial Lease Damages|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
April 17, 2014, previously published on April 2014In February 2010, BLT Burger DC, LLC (“BLT”) entered into a commercial lease agreement with Norvin 1301 CT, LLC (“Norvin”) to rent a three-story townhouse located at 1317 Connecticut Avenue, N.W. in Washington, DC (the “Property”). The lease required that BLT...