Commercial Law & Contracts, Zoning, Planning & Land Use, Commercial Real Estate

Daishowa-Marubeni: A Tree Fell In The Forest And The SCC Caught It!

by Anne Calverley, Jehad Haymour, Sophie Virji | Dentons on 5/24/2013

In Daishowa-Marubeni International Ltd. v. The Queen, 2013 SCC 29, Justice Rothstein marries tax philosophy and tax practice by asking and answering the question: If a tree falls in the forest and you are not around to...more

Ahhh…Spring

by Barbara Darkes | McNees Wallace & Nurick LLC on 5/10/2013

With Spring comes the emergence of many things, including reopening of decks, porches, sidewalk cafés, patios and other outdoor seating options. It’s a lovely idea to have music or other entertainment in these areas, whether...more

Fourth Circuit Brownfields Decision Stops Short Of Worst-Case Outcome

by Todd Fracassi, Jane Luxton | Pepper Hamilton LLP on 4/17/2013

In a closely watched Superfund case decided April 4, 2013, the Fourth Circuit Court of Appeals interpreted the scope of landowner liability protections Congress put in place in 2002 to "promote the cleanup and reuse of...more

Foreclosure Tip #1: Inspections – Do It Before You Own It

by Keith Mullen | Winstead PC on 4/17/2013

In some parts of the country, a recovering local economy means the special asset (or problem loan) groups are reducing staff, as loan production groups come back to life. Leaving the special asset group under-staffed could...more

Mississippi CON Report - April 2013

by Aaron Graham, Dinetia Newman, T. Richard Roberson | Bradley Arant Boult Cummings LLP on 4/12/2013

In This Report - - I. March 2013 - Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since February 2013 CON Meeting - A. Letters of Intent to Change...more

Real Estate Tip – Permitting: A $48m Lesson on the Importance of Notifying All Neighbors

by Richard Smith | Bernstein Shur on 3/15/2013

In a recent Missouri case, a landlord lost a very significant commercial tenant and a title search company lost $48 million because of an incomplete permitting process. The tenant sued the title search company for failing to...more

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

by Thomas Hogan, Christopher Marraro | BakerHostetler on 2/18/2013

Tenants who lease currently or formerly contaminated property can now benefit from protections from cleanup liability that were once available only to purchasers of such property. EPA announced its new policy in a December...more

Catching Up with Winding Down: The Status of California Redevelopment Successor Agencies

by Noa Clark, Robert Herr, Paul Levin | Pillsbury Winthrop Shaw Pittman LLP on 2/18/2013

Successor agencies to California’s dissolved Redevelopment Agencies (“RDAs”) continue to wind down the operations of the former RDAs under the supervision of oversight boards pursuant to Assembly Bill X1 26 (“AB 26”) as...more

Brownfield Tenants Gain CERCLA Liability Protection

by Bruce Flushman | Wendel, Rosen, Black & Dean LLP on 1/15/2013

Good News: Brownfield Tenants Gain CERCLA Liability Protection - In December 2012, an Environmental Protection Agency (EPA) Guidance Memo set out a new EPA enforcement policy. In sum, on a discretionary basis, the EPA...more

EPA Guidance Further Clarifies The Protections Available To Tenants Under Superfund’s BFPP Defense

by Ronald Farley | Burr & Forman on 1/11/2013

As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more

Go Beyond Google Maps: Powerful Ways to Illustrate Location in Your Case

by Cogent Legal on 1/4/2013

One of the most common items attorneys will put into a brief or a case presentation is an overhead map of the relevant area. Since the dawn of Google, attorneys have grown accustomed to copying and pasting the image of a...more

Mississippi CON Report - December 13, 2012

by Bradley Arant Boult Cummings LLP on 12/15/2012

In This Report: - I. November 29, 2012 - Mississippi Certificate of Need Meeting - II. 2013 State Health Plan Approved - III. Certificate of Need Program Report – Filings/Reports Since October 2012 CON Meeting -...more

Alabama CON Report - December 12, 2012

by Bradley Arant Boult Cummings LLP on 12/13/2012

In This Issue: - I. Certificate of Need Program - II. For Informational Purposes Only - III. OLD BUSINESS - IV. NEW BUSINESS - Excerpt from Certificate of Need: A. Emergency Application...more

Is the ISRA De Minimis Quantity Exemption Being Squeezed Out?

by Emily Vail | Wilentz, Goldman & Spitzer P.A. on 12/7/2012

There is a proposed amendment A-3367 to the Industrial Site Recovery Act (“ISRA”) N.J.S.A. 13K-1 et seq. that would require an owner or operator of an industrial establishment applying for a De Minimis Quantity Exemption...more

State Mandated Accessibility Inspections

by Mona G. Ebrahimi, Maggie W. Stern | Kronick, Moskovitz, Tiedemann & Girard on 12/6/2012

In September 2012, the State Senate created a new state mandated local program by enacting S.B. 1186 which requires local agencies fund increased Certified Access Specialist (“CASp”) services. CASps work for local...more

When is a Resolution of Necessity Tainted By Prior Agency Obligations?

by Brad Kuhn on 12/5/2012

One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more

Supreme Court Holds Temporary Flooding Can Be A Taking

by Brad Kuhn on 12/4/2012

After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role. And today, the Court addressed the...more

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

by Brad Kuhn on 11/29/2012

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

The Fine Print of Natural Gas Property Rights: Cautionary Lessons from Western Ohio and New York

by McDermott Will & Emery on 11/7/2012

Much of the discussion about hydraulic fracturing has focused on the environmental, health and other community risks allegedly posed by the process. While these perceived risks have taken center stage in the media,...more

Earth Matters - October 2012

by Morgan Graham, Kevin Hogan, Susan Marriott, Inshirah Muhammad, Thomas Puchner, Adam Walters | Phillips Lytle LLP on 11/1/2012

In This Issue: - Updated Siting Process for Power Plants in New York - Sustainability in Leasing Series – Part I: The Green Rider - Sustainability in Leasing Series – Part II: The Green Lease Policy Statement &...more

Commercial Real Estate Transactions - Part XI

by Schecter Law on 9/25/2012

Does the radon gas disclosure have to be given to a buyer where the transaction involves the sale of vacant land? Pursuant to Florida law, the radon gas disclosure is not required for transactions involving unimproved...more

Buyer Beware: Court Decision Highlights Importance of Performing Careful Diligence

by Sheppard Mullin Richter & Hampton LLP on 9/11/2012

In Princes Point LLC v. AKRF Engineering, P.C., No. 601849/2008 (N.Y. Sup. Ct. Jul. 13, 2012), Judge Charles Edward Ramos granted a motion for summary judgment dismissing plaintiff’s claims of fraud, negligent...more

DEP Streamlines Process for Implementing Restrictive Covenants Required for Cleanup Closure With Conditions

by Carlton Fields on 9/1/2012

In June 2012, the DEP released a new revision to its Institution Controls Guidance Procedures document, which substantially streamlines the approval process associated with implementation of restrictive covenants required to...more

The Dos and Don’ts of a Foreign Trade Zone

by Snell & Wilmer L.L.P. on 8/28/2012

Originally published in Law 360 on August 24, 2012. Imagine a corporation in the business of building and leasing warehouses to manufacturers, in particular, manufacturers that import raw materials to be manufactured...more

Understanding the “Dos and Don’ts” of a Foreign Trade Zone

by Snell & Wilmer L.L.P. on 8/16/2012

Imagine a corporation in the business of building and leasing warehouses to manufacturers, in particular, manufacturers that import raw materials to be manufactured here in Arizona. The hypothetical corporation owns a large...more

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Commercial Law & Contracts › Zoning, Planning & Land Use › Commercial Real Estate