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HTMLTo Plan or Not to Plan
Steven J. Rabinowitz; Phillips Nizer LLP;
Legal Alert/Article
May 25, 2015, previously published on May 19, 2015
In most cases, a new store tenant will require work to be done to make the premises suitable for its purposes. As a rule, a landlord will insist that no work can be done without prior approval. That puts the prospective tenant on the horns of a dilemma while negotiating a lease: if an architect is...

 

HTMLFarmers' Market Stalls Violated Supermarket's Restrictive Use Covenant
Richard H. Topaz; Gordon Feinblatt LLC;
Legal Alert/Article
May 20, 2015, previously published on May 2015
In Redner’s Markets, Inc. v. Joppatowne G.P. Limited Partnership, 594 F. App’x 798 (4th Cir. 2014), the United States Court of Appeals for the Fourth Circuit affirmed the District Court’s decision that landlord’s permitting the operation of two “stalls” in the...

 

HTMLExpress Easement May Be Created By Plat
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
May 20, 2015, previously published on May 2015
In Peters v. Emerald Hills Homeowners’ Association, Inc., 221 Md.App. 338 (2015), the Court of Special Appeals held that an easement may be created by a plat, which is an exception to the general rule. Also, the court held that the easement did not conflict with a subsequent recorded...

 

HTMLPlaintiffs Fail to Establish Their Standing to Challenge Comprehensive Rezoning in Anne Arundel County
Richard H. Topaz; Gordon Feinblatt LLC;
Legal Alert/Article
May 20, 2015, previously published on May 2015
In Anne Arundel County, Maryland v. Bell, No. 29, Sept. Term, 2014 (filed Apr. 21, 2015), the Court of Appeals held that challengers to comprehensive zoning ordinances must satisfy the requirements of the taxpayer standing doctrine, rather than the property owner standing doctrine.

 

HTMLChallenge to Condominium Maintenance Arrangement Fails
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
May 20, 2015, previously published on May 2015
Abreu v. Condominium 4 at the Colonnade, et al., No. 2371, Sept. Term, 2013 (Md. Ct. Spec. App., April 8, 2015), involved the unsuccessful challenge of repair and maintenance obligations at a condominium regime.

 

HTMLWhen is an LLC a Corporation? When It Seeks a Particular Tax Exemption
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
May 20, 2015, previously published on May 2015
The Court of Special Appeals recently held that a limited liability company may avail itself of the benefit of an exemption from recordation and transfer taxes relating to mergers that the State Department of Assessments and Taxation (“SDAT”) argued was only applicable to corporations....

 

HTMLThe Law of Merger
Kathleen Deegan Dickson; Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana LLP;
Legal Alert/Article
May 20, 2015, previously published by New York Real Estate Journal on November 11, 2014
Take caution when purchasing a vacant parcel of land or purchasing a parcel adjacent to one already owned, as the possibility of the merger of lots is a real danger. The doctrine of “merger” involves adjacent lots, which do not conform to the lot area or lot width requirements of the...

 

HTMLHomeowner Defendant Entitled to Summary Judgment When Dog Bite Plaintiff is Determined to Be a Trespasser
Capehart Scatchard P.A.;
Legal Alert/Article
May 18, 2015, previously published on May 12, 2015
The recent matter of Ahrens v. Rogowski,2015 N.J. Super Unpub. LEXIS 308 (App. Div., February 20, 2015) provides an interesting analysis of the impact of classification of the legal status of a Plaintiff in a dog bite case.

 

HTMLLouisiana Supreme Court Denies Plaintiff-Landowner’s Writ Application in Legacy Case Dismissed on the Basis of the Subsequent Purchaser Doctrine
Kelly Brechtel Becker, Kathryn Zainey Gonski, James E. Lapeze, Joe B. Norman; Liskow & Lewis A Professional Law Corporation;
Legal Alert/Article
May 15, 2015, previously published on May 4, 2015
In a significant decision for the legacy docket in Louisiana, the Louisiana Supreme Court recently denied a Plaintiff-landowner’s writ application which sought review of a Louisiana First Circuit Court of Appeal opinion that affirmed dismissal of the landowner’s claims based upon...

 

HTMLEPA’s Proposed Nano Rule: What Should You Be Doing Now?
Jo Anne Shatkin, Katy E. Ward; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
May 14, 2015, previously published on May 4, 2015
On April 6, 2015, EPA published a long-awaited Proposed Rule imposing one-time electronic reporting and recordkeeping requirements on manufacturers and processors of certain nanoscale materials under Section 8(a) of the Toxic Substances Control Act (TSCA). The Proposed Rule is meant to provide EPA...

 


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