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HTMLViolation of Forest Conservation Easement Leads to Huge Civil Penalty
Travis W. Dalton, Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
April 15, 2015, previously published on January 2015
The Court of Special Appeals recently determined that a recorded Conservation Easement Agreement with the Maryland-National Capital Park and Planning Commission (the “M-NCPPC”), which included a metes and bounds description and a plat without a clear superimposition of the location of...

 

HTMLCovenant that Property Serve as a Perpetual Buffer Zone Survived Tax Sales
Travis W. Dalton; Gordon Feinblatt LLC;
Legal Alert/Article
April 15, 2015, previously published on January 2015
In Bernando Rene Flores v. Maryland-National Capital Park and Planning Commission et al., No. 01239, Sept. Term 2013 (Md. Ct. Spec. App. December 2, 2014), the Court of Special Appeals affirmed the Circuit Court for Prince George’s County’s decision that an “Owner’s...

 

HTMLA Guarantor's Waiver of Defenses Doesn't Protect a Bank From Its Own Misconduct
Kohrman Jackson Krantz PLL;
Legal Alert/Article
April 13, 2015, previously published on March 02, 2015
A recent decision was issued by a California appellate court that, while not controlling in the State of Ohio, is worth mentioning as it could prove useful to guarantors in other jurisdictions in similar straits. In California Bank & Trust v Thomas Del Ponti, the trial and appellate courts...

 

HTMLCBMS Loan Negotiation--Proactive Approach Could Save Time and Money
Kohrman Jackson Krantz PLL;
Legal Alert/Article
April 13, 2015, previously published on January 05, 2015
CMBS loans (loans that will be packaged with similar loans and securitized as commercial mortgage backed securities) continue to be popular despite their rigid structure and higher costs. Many commercial real estate owners like CMBS loans for their nonrecourse nature, absent the commission of...

 

HTMLWatch Your Language with Restrictive Covenants
Kohrman Jackson Krantz PLL;
Legal Alert/Article
April 13, 2015, previously published on January 26, 2015
As established in other “Watch Your Language” articles for this Blog, as a general rule, courts will uphold language in commercial agreements, unless it is contrary to statutory law or public policy. Because of this judicial deference to “commercial language”, you must say...

 

HTMLDeclarant Rights: Are Developers Leaving Money On The Table?
Gary M. Kaleita; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
April 13, 2015, previously published on March 27, 2015
When a residential subdivision is developed, it is common for the developer to record a Declaration of Covenants, Conditions, Easements and Restrictions along with the subdivision plat. This Declaration addresses use restrictions that will govern the residents, as well as easements for their use...

 

HTMLOh...By the Way....Don’t Forget To Wash Your Hands!
John Swansinger; Buckingham, Doolittle & Burroughs, LLC;
Legal Alert/Article
April 10, 2015, previously published on March 27, 2015
We can’t preach enough that, when it comes to construction contracts, words mean everything. I am writing about a tragic case involving the spread of Legionnaires disease being cause by shoddy workmanship in a new construction project. In 2007, Miami Valley Hospital and its corporate arm,...

 

HTMLWhy Oil and Gas Companies Should Include Tolling Provisions into Their Leases
Barbara Y. Strnad, J. David Ziegler; Dickie, McCamey & Chilcote, P.C.;
Legal Alert/Article
April 10, 2015, previously published on March 2, 2015
In an issue of first impression, the Pennsylvania Supreme Court unanimously held that the primary term of an oil and gas lease cannot be equitably extended by the courts in cases where the lessor has pursued an unsuccessful lawsuit challenging the validity of the lease. Wayne Harrison and Mary...

 

HTMLOhio Supreme Court: Municipalities Cannot Obstruct Oil and Gas Development That the State Has Permitted
Matthew R. Duncan, Michael J. Matasich; Buckingham, Doolittle & Burroughs, LLC;
Legal Alert/Article
April 10, 2015, previously published on February 19, 2015
The Ohio Supreme Court has issued an important decision in State ex rel. Morrison v. Beck Energy Corp., Slip Opinion No. 2015-Ohio-485 reaffirming the preeminent role of the State of Ohio in regulating oil and gas drilling over local municipalities.

 

HTMLTen Things to Consider When Starting a New Business
Steven K. Lee; Donahue Fitzgerald LLP;
Legal Alert/Article
April 9, 2015
Before launching your business, you should develop a written plan for making your new venture successful. Your business plan should describe the purpose and major objectives of the business, as well as the strategies for achieving those objectives. A business plan typically will also include a...

 


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