Commercial Law & Contracts › Commercial Real Estate › Constitutional Law

Big Year For Published Eminent Domain Decisions

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

Winery Which Has Plans For Pricy Premium Wine, But Has Not Yet Turned a Profit, Has No Compensable “Goodwill” When Land and Vines...

A winery which planned to increase sales revenues by developing a flagship estate cabernet wine using grapes grown on its own vineyard land, but has never been profitable in the past, does not have a claim for compensation...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

Real Estate Transactions With Native American Tribes By Adam M. Starr*

INTRODUCTION - Commercial contracting with Native American tribes presents a number of complicated and unsettled questions of federal and state law. The increasing visibility of tribal entities in California real estate...more

Textainer Equipment Management Limited, et al., v. The United States

Opion Re: Fifth Amendment Takings Clause; Subcontractor Takings Claim; Property Interest Modified by Agreement, et cet.

Is it a Breach of Contract or a Taking? One of the most troublesome, and recurring, challenges in takings litigation is whether the action that resulted in the loss of property is due to a breach of contract or an act of...more

Love Terminal Partners v. United States

Love Terminal Wins Partial Summary Judgment

In 2006, Congress passed legislation requiring the City of Dallas, Texas to demolish the gates at the Legend Terminal at Love Field, to accomodate a deal struck between Southwest Airllines and American Airlines and the city....more

Wardman v. District of Columbia, et al

DC Convention Center Hotel Case Opinion

Private developer sued the District of Columbia alleging that the City Council exceeded its legislative authority pursuant to the D.C. Home Rule Act in exempting a substantial public-private development project from the...more