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|Assessor’s Error Correction Authority Limited|
Gregory F. Servodidio; Pullman & Comley, LLC;
April 16, 2015, previously published on Spring 2015An assessor has the right to retroactively reassess a land parcel to correct an error but can she do so when her error was discretionary?
|Before You Acquire or Lease That Property, Do You Need a Special Exception or Special Use Permit?|
Jonathan D. Puvak; Gentry Locke Rakes & Moore, LLP;
April 16, 2015, previously published on March 1, 2015As a potential buyer or tenant of real estate, there a number of items that are readily apparent and discernible when you visit a new piece of property or an existing building, such as the location, curb appeal, or price, but the need for a special exception is often overlooked until much later in...
|Landlord's Intention to Redevelop a Business Tenancy|
Bryan Johnston; Dentons Canada LLP;
April 15, 2015, previously published on February 13, 2015The landlord served a s25 notice opposing the grant of a new tenancy, relying on s30(1)(f) of the Landlord and Tenant Act 1954 (LTA 54), the redevelopment ground.
|The Same Standards Apply to Terminate a Section 8 Lease or To Evict a Tenant as a Holdover|
Edward J. Levin; Gordon Feinblatt LLC;
April 15, 2015, previously published on January 2015In Grady Mgmt., Inc. v. Epps, 218 Md. App. 712, 98 A.3d 457 (2014), the Court of Special Appeals held that the standard for showing good cause to terminate a lease, effective at the end of the term under the Real Property Article of the Maryland Code (“RP”) §8-402.1, is the same...
|Violation of Forest Conservation Easement Leads to Huge Civil Penalty|
Travis W. Dalton, Edward J. Levin; Gordon Feinblatt LLC;
April 15, 2015, previously published on January 2015The 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...
|Covenant that Property Serve as a Perpetual Buffer Zone Survived Tax Sales|
Travis W. Dalton; Gordon Feinblatt LLC;
April 15, 2015, previously published on January 2015In 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...
|Ohio's Receivership Laws Receive Dramatic Changes|
Scott N. Opincar; McDonald Hopkins LLC;
April 15, 2015, previously published on March 24, 2015For the first time in 60 years, the state of Ohio has new receivership statutes, effective March 23, 2015. The revised receivership rules act to clarify existing law, and substantially reform and define the powers of a receiver.
|Anti-Deficiency Protection For Vacant Lots? Not What The Arizona Supreme Court Intended|
Kent E. Cammack, Christopher M. McNichol; Gust Rosenfeld P.L.C.;
April 15, 2015, previously published on January 28, 2015On January 23, 2015, the Arizona Supreme Court held that Arizona's anti-deficiency statute protects only a completed residence. In so doing, it clarified a prior appellate court decision extending the statute's protections to borrowers who intend to turn vacant land into a future residence, but do...
|Don’t Get Left in the Dark: Pre-eviction Noticing Requirements Following Sunset on the Protecting Tenants at Foreclosure Act|
Daniel L. Burkard, Ben Katz, Christopher D. Meyer, Meredith L. Minkus, Kelly E. Waits; Stoler Russell Keener Verona;
April 15, 2015, previously published on March 25, 2015For the past five years, foreclosing lenders have been bound by a federal law that made it much more difficult to evict non-borrower tenants and occupants of the subject property following a foreclosure sale where the lender took title. The Protecting Tenants at Foreclosure Act (the...
|Once a Court Determines that a Lease Clause is Unambiguous, Extrinsic Evidence Cannot Be Admitted to Interpret It|
Edward J. Levin; Gordon Feinblatt LLC;
April 15, 2015, previously published on January 2015In Huggins v. Huggins & Harrison, Inc., No. 1702, Sept. Term 2013 (Md. Ct. Spec. App. Dec. 2, 2014), the Court of Special Appeals held that the key provision in a lease was not susceptible to more than one interpretation, and therefore extrinsic evidence was not admissible to explain the...