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HTMLNatural Resources Article Trumps the Public Trust Doctrine
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
November 17, 2015, previously published on November 2015
Donald Marsh, Jr. filed an application with the Maryland Department of the Environment (MDE) on March 30, 2009 for a water column lease, pursuant to which he planned to raise oysters from seed in cages made of plastic-coated wire mesh in three 16-acre areas in Chincoteague Bay. On April 6, 2015,...

 

HTMLPleading Guilty to Violating Campaign Finance Laws is Not Sufficient to Set Aside Approval of a PUD in Baltimore County
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
November 17, 2015, previously published on November 2015
In Kenwood Gardens v. Whalen Properties, LLC, the Court of Special Appeals, in an unreported decision by Judge Kevin Arthur dated September 16, 2015, affirmed the denial of a challenge to the granting of a Planned Unit Development (“PUD”) designation on property even though the...

 

HTMLMaryland Condominium Act Does Not Abrogate Common Law Privileges
Richard H. Topaz; Gordon Feinblatt LLC;
Legal Alert/Article
November 17, 2015, previously published on November 2015
In a case involving the same type of damage as in Penthouse 4C, LLC discussed in the article above but to a different unit at 100 Harborview Drive Condominium, the owner of Penthouse 4A, Dr. Paul C. Clark, sued 100 Harborview Drive Condominium Council of Unit Owners (“Harborview”) and...

 

HTMLCondominium Association Held in Contempt for Willfully Failing to Make Repairs in Violation of Arbitration Award
Richard H. Topaz; Gordon Feinblatt LLC;
Legal Alert/Article
November 13, 2015, previously published on November 2015
In 100 Harborview Drive Condominium Council of Unit Owners v. Penthouse 4C, LLC, No. 0901, Sept. Term, 2014 (filed Aug. 20, 2015), the Court of Special Appeals affirmed the ruling of the Circuit Court for Baltimore City that a condominium association, by failing to make repairs to prevent water...

 

HTMLThird Circuit Rescues MERS System in Pennsylvania from a District Court Decision that Required Recordation of All Mortgage Assignments
Travis W. Dalton, Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
November 13, 2015, previously published on November 2015
On August 3, 2015, in Montgomery County, Pennsylvania, Recorder of Deeds v. MERSCORP, Inc.; Mortgage Electronic Registration Systems, Inc., 795 F.3d 372 (3d Cir. 2015), the United States Court of Appeals for the Third Circuit reversed a decision of the United States District Court for the Eastern...

 

HTMLCourt of Special Appeals Holds that Forfeiture of Deposit Posted at a Foreclosure Sale is an Unenforceable Penalty
Seth M. Rotenberg; Gordon Feinblatt LLC;
Legal Alert/Article
November 12, 2015, previously published on November 2015
On April 29, 2015, the Court of Special Appeals held that a deposit posted by a purchaser at a foreclosure sale may not be forfeited if the purchaser does not close as required and the advertisement of sale provides for an alternate remedy. Greentree Series V, Inc. v. Hofmeister, 222 Md.App. 557...

 

HTMLSecured Creditor Loses Its Lien in Bankruptcy through Inattentiveness
David E. Peterson; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
November 12, 2015, previously published on November 2, 2015
A sophisticated lender holding a mortgage or security interest usually knows that its secured status accords it special protections in a bankruptcy filed by the borrower. However, the limits of that protection are often a mystery to the lender. A lender who does not enlist the services of an...

 

HTMLNorthern Property REIT Completes Canada's Third Largest Multi-Family Real Estate Acquisition
Alida Alepian, Eusis Dougan-McKenzie, Talha Wasti; Borden Ladner Gervais LLP;
Legal Alert/Article
November 10, 2015, previously published on November 4, 2015
On October 30, 2015, Northern Property Real Estate Investment Trust (NPR) completed transactions involving the acquisition of all of the assets and properties of True North Apartment REIT (True North). NPR also acquired a portfolio of multi-family real estate assets from affiliates of Starlight...

 

HTMLWhat is the Impact of Operating as a REIT?
David H. Godenswager; McDonald Hopkins LLC;
Legal Alert/Article
November 9, 2015, previously published on November 3, 2015
Recently, Forest City Enterprises, Inc. (“Forest City”) announced that their shareholders approved five measures required for the company’s planned conversion to a Real Estate Investment Trust (“REIT”). Shareholder approval sets the stage for Forest City to elect REIT...

 

HTMLCalifornia Court Upholds a Reduction of Attorneys’ Fees but Reverses a Reduction of Costs
Jill V. Cartwright; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 5, 2015, previously published on October 30, 2015
In a recent, unpublished opinion Myres v. San Francisco Housing Authority, a California Court of Appeal reversed a trial court’s order reducing the amount of costs a plaintiff had claimed as a result of limited success at trial.

 


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