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U.S. Supreme Court Revisits the Right of Local Government to Exact Permit Conditions from Developers

The U.S. Supreme Court (SCOTUS) has again rejected a state's narrow interpretation of the constitutional limits on government's ability to impose development conditions. A unanimous SCOTUS ruled on April 12 in favor of the...more

U.S. District Court for the Northern District of Alabama Finds CTA Unconstitutional: National Small Business United, et al v....

In a case brought by the National Small Business Association and an individual owner of a small business (Plaintiffs), the U.S. federal district court for the Northern District of Alabama has ruled that the Corporate...more

Minnesota Adult-Use Cannabis Bill Emerges from Reconciliation

On April 25, 2023, the Minnesota House passed House File 100 (HF100), a bill authorizing adult-use cannabis, by a vote of 71-59. Three days later, the Minnesota Senate passed Senate File 73 (SF73), a companion bill to HF100,...more

SCOTUS Goes to Mall of America: Court Recognizes Jurisdiction Over Appeals of Bankruptcy Sale Orders

In August 1992, the largest indoor shopping mall in the continental United States opened to great fanfare in suburban Minneapolis, Minnesota. Dubbed the Mall of America (MOA), this sprawling retail center enjoyed 330 stores,...more

FinCEN Issues Final Regulation for Beneficial Ownership Reporting

On September 30, 2022, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury (Treasury) issued the first of three regulations to implement Section 6403 of the Corporate Transparency Act. FinCEN...more

Fannie Mae and Freddie Mac Update all Uniform Legal Instruments

On July 7, 2021, Fannie Mae and Freddie Mac (the GSEs) introduced new uniform instruments (notes, security instruments, and riders) for use with loans to make them eligible for purchase by the GSEs. ...more

Legalization of Marijuana Gaining Momentum in Connecticut

Connecticut state lawmakers are advancing legislation legalizing recreational use of marijuana on the heels of a recent poll conducted by the Institute for Public Policy at Sacred Heart University (SHU) of Fairfield,...more

Minnesota Cannabis Legalization Bill Clears House of Representatives

As we first reported on March 2, 2021, the attempt to gain legislative approval of cannabis legalization was before the Minnesota House of Representatives for the second year in a row. H.F. 600 would legalize cannabis for...more

Consumer Financial Protection Bureau Enters Eviction Fray With New Ruling Under FDCPA

On April 19, 2021, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule intended to help residential tenants facing eviction for nonpayment of rent.1 2 This rule was issued under the CFPB’s authority...more

Second Minnesota Adult-Use Marijuana Bill Survives House Committee

Sixteen states, along with the District of Columbia, have now legalized the adult, or recreational, use of marijuana. Unlike many states, including its neighbor, South Dakota, where voters have decided the issue themselves...more

Congress Enacts Modification to Bankruptcy Procedures Governing Assumption and Rejection of Leases

The Consolidated Appropriations Act of 2021 (the Appropriations Act) is a $2.3 trillion spending bill that combines stimulus relief for the COVID-19 pandemic and an omnibus spending bill for the federal fiscal year. ...more

IRS Issues Final Regulations Governing 1031 Exchanges – The “Like Kind” Standard Defined

On November 23, 2020, Treasury and the IRS issued final regulations governing tax-deferred exchanges of like-kind real property under Section 1031 of the Internal Revenue Code (the Code). These final regulations (T.D. 9935 )...more

Are “Fair Chance” Housing Ordinances an Unconstitutional Infringement on Landlords’ Rights?

We continue to monitor legislation affecting the residential landlord-tenant relationship and note here that “fair chance” housing ordinances are emerging in cities across the nation, including Seattle, Minneapolis, and...more

Rent Control National Momentum

In response to multiple news and industry reports that many urban areas in the United States are suffering a crisis in affordable housing, many states and cities are actively considering rent control as an ameliorative...more

Recent Federal Court Decision Adds Clarity to “Ordinary Wear and Tear” Lease Provisions

Most veterans of commercial leasing are familiar with the concept of a surrender clause but might not have been tasked with negotiating its meaning following lease expiration. A recent federal court decision sheds light on...more

Text Messages Add New Layer of Risk to Deal-Making in the Modern Age

Texting is becoming ubiquitous in this era of 24/7 connectivity, but a recent court decision stands as a strong reminder that those quickly composed texts can be held up as a “writing” sufficient to seal a multi-million...more

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