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|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...
|Commercial Tenant Found To Not Be a “Landowner” Of Common Areas Under Colorado’s Premises Liability Act|
Christina M. Gilbertson, Nick R. Herrick; Wood, Smith, Henning & Berman LLP;
April 27, 2015, previously published on April 17, 2015In this case, the Colorado Supreme Court considers whether a clinic that was the main tenant at a medical campus qualifies as a “landowner” (as defined by the Premises Liability Act - the “PLA”) of a common area sidewalk where the Plaintiff fell and sustained injuries. The...
|The Air Bed and Breakfast Craze|
Jocelyn J. Campbell; Rudolph Friedmann LLP;
April 27, 2015, previously published on January 23, 2015It seems as if everyone wants to rent out their spare room for cash. If you have ever wondered whether you could legally rent out an extra room or your entire house on a short term basis, this article is for you. Recently we were asked by a client to assist with some regulations around operating a...
|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...
|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....
|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...
|Yadda Yadda Adda (again)|
Bryan Johnston; Dentons Canada LLP;
April 22, 2015, previously published on January 21, 2015The case involving Adda Hotels really is the case that keeps on giving. The thrust of the litigation concerns whether a guarantee of an assignee by the same guarantor of the assignor is valid. To date the case has been fast-tracked through the Court of Appeal. Morgan J in the High Court has now...
|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...
|Can a Developer Limit its Liability for Construction Defects?|
Scott Smythe; McCarthy Tétrault LLP;
April 21, 2015, previously published on April 13, 2015Lawyers representing strata lot purchasers in British Columbia have, to date, made considerable hay by emphasizing that the Real Estate Development Marketing Act (British Columbia) is ¿consumer protection¿ legislation to be interpreted in favour of purchasers. The bias in favour of the consumer has...