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HTMLTownship Found Not Liable For Fall on Residential Driveway Apron Due to Snow Removal Immunity
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
April 27, 2015, previously published on February 25, 2015
Plaintiff 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...

 

HTMLWarning If You Have Not Paid Your 2012 Real Estate Taxes!
Michael Ryan; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
April 27, 2015, previously published on April 15, 2015
Some 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...

 

HTMLThe Colorado Supreme Court Prohibits Hotels from Evicting Guests Into Foreseeably Dangerous Environments
Christina M. Gilbertson, Nick R. Herrick; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
April 27, 2015, previously published on April 20, 2015
For 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...

 

HTMLEnforcing Shopping Center Reciprocal Easement Agreements in a Declining Market
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
April 27, 2015, previously published on April 24, 2015
Lord & 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...

 

HTMLWords Landlords Use Every Day: Standing and Privity
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
April 27, 2015, previously published on April 10, 2015
A 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.

 

HTMLFederal Court Holds That Bank’s Deed of Trust Primes IRS Tax Lien Despite Its Subsequent Recordation
Matthew G. DiMeglio; Lerch Early Brewer Chartered;
Legal Alert/Article
April 23, 2015, previously published on April 6, 2015
A 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....

 

HTMLSuccessful Judicial Review Challenge to £165 Million Development
Stephen Ashworth, Mark Bassett; Dentons Canada LLP;
Legal Alert/Article
April 23, 2015, previously published on March 2, 2015
In 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...

 

HTMLUnexpected Reform of the Electronic Communications Code
Bryan Johnston, Alexa Phoenix; Dentons Canada LLP;
Legal Alert/Article
April 23, 2015, previously published on January 28, 2015
Since 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...

 

Adobe PDFChallenging 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;
Legal Alert/Article
April 22, 2015, previously published on March 23, 2015
In 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...

 

HTMLImportant Update for Landowners: New Decision Shines Light on Fair Compensation to Expropriated Landowners
Kim D. Wakefield; Dentons Canada LLP;
Legal Alert/Article
April 22, 2015, previously published on January 14, 2015
In 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...

 


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