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|Township Found Not Liable For Fall on Residential Driveway Apron Due to Snow Removal Immunity|
Betsy G. Ramos; Capehart & Scatchard, P.A.;
April 27, 2015, previously published on February 25, 2015Plaintiff Rosa Nappi slipped and fell outside the defendant Gregory Kohl’s residence on his driveway apron. She sued Kohl and the Town of Secaucus, where the Kohl property was located, for her personal injuries. In Nappi v. Town of Secaucus, 2015 N.J. Super. Unpub. LEXIS 64 (App. Div. January...
|Warning If You Have Not Paid Your 2012 Real Estate Taxes!|
Michael Ryan; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
April 27, 2015, previously published on April 15, 2015Some investor landowners and lender REO departments are holding Florida real estate and, for cash flow reasons, are not paying the real estate taxes. Some lenders are in workout or foreclosure mode holding a mortgage on distressed real estate. Real estate investors, REO holders, and mortgage...
|The Colorado Supreme Court Prohibits Hotels from Evicting Guests Into Foreseeably Dangerous Environments|
Christina M. Gilbertson, Nick R. Herrick; Wood, Smith, Henning & Berman LLP;
April 27, 2015, previously published on April 20, 2015For the first time, the Colorado Supreme Court has defined the duty a hotel owes to a guest during a lawful eviction. This case stands for the proposition that the long-recognized duty of an innkeeper to its guests to exercise reasonable care under the circumstances prohibits an innkeeper from...
|Enforcing Shopping Center Reciprocal Easement Agreements in a Declining Market|
Richard W. Smith; Bernstein Shur;
April 27, 2015, previously published on April 24, 2015Lord & Taylor signed a Reciprocal Easement Agreement, requiring its landlord to maintain a “first class high fashion regional shopping center.” The REA also required shared access and parking and required Lord & Taylor’s approval for any future alterations to the...
|Words Landlords Use Every Day: Standing and Privity|
Richard W. Smith; Bernstein Shur;
April 27, 2015, previously published on April 10, 2015A landlord and tenant may have (or may be in) privity of contract because they both agree to certain contractual terms in a lease. That same landlord and tenant may be in privity of estate because they both have an interest in the same real estate.
|Federal Court Holds That Bank’s Deed of Trust Primes IRS Tax Lien Despite Its Subsequent Recordation|
Matthew G. DiMeglio; Lerch Early Brewer Chartered;
April 23, 2015, previously published on April 6, 2015A federal court of appeals held that a bank’s deed of trust had priority over an IRS tax lien, even though, the IRS filed notice of the tax lien more than a month before the bank recorded the deed of trust. On January 4, 2005, Restivo Auto Body, Inc. borrowed $1 million from Susquehanna Bank....
|Successful Judicial Review Challenge to £165 Million Development|
Stephen Ashworth, Mark Bassett; Dentons Canada LLP;
April 23, 2015, previously published on March 2, 2015In a landmark case the High Court has declared that Winchester City Council committed a serious, procedural and substantive breach of the public procurement regime. The High Court ruled that the decision by Winchester City Council to vary an existing development agreement was unlawful and has...
|Unexpected Reform of the Electronic Communications Code|
Bryan Johnston, Alexa Phoenix; Dentons Canada LLP;
April 23, 2015, previously published on January 28, 2015Since last week, we understand that Parliament has dropped the proposed amendment to the Infrastructure Bill, meaning that reform is no longer imminent. This change in tack reflects concern in the property industry that there was not enough consultation on the amendment before the draft bill was...
|Challenging the Innocent Landowner Defense Under CERCLA - Coppola v. Smith Reinforces the Importance of ASTM Compliance as Part of a Commercial Land Purchaser’s Environmental Due Diligence|
Hubert T. Lee; Morris Polich & Purdy LLP;
April 22, 2015, previously published on March 23, 2015In Coppola v. Smith, No. 1:11-CV-01257-AWI, 2015 WL 224730, (E.D. Cal. Jan. 15, 2015), a federal court in the Eastern District of California denied a defendant commercial property purchaser’s “innocent landowners” defense to a claim for cost recovery under CERCLA, finding there...
|Important Update for Landowners: New Decision Shines Light on Fair Compensation to Expropriated Landowners|
Kim D. Wakefield; Dentons Canada LLP;
April 22, 2015, previously published on January 14, 2015In a recent decision (Devon Business Park Ltd. v. Alberta Transportation), the Alberta Land Compensation Board held that, when an expropriating authority acquires a portion of a large parcel, if the land acquired is of a better quality than the rest of the parcel, a premium must be paid to reflect...