Commercial Real Estate › Civil Remedies › Administrative 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

California High Court Issues Important Ruling on Labor Speech Rights of Unions on Private Property

The California Supreme Court recently issued its decision in Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8. Although the ruling resolved a long-standing dispute between a supermarket owner and the...more

Unions May Now Picket On Private Property In California

In a blow to retail businesses in California, the California Supreme Court has held that labor unions have the right to picket in front of privately owned store entrances. In Ralphs Grocery Company v. United Food and...more

Cook County property owners can cut property tax bills by filing a protest in 2013

Each year, the Cook County Assessor reassesses one-third of the nearly 1.8 million parcels in Cook County. For 2013, the 13 townships located in the north and northwest sections of Cook County will be reassessed starting in...more

Eminent Domain Opinions Focus On 'Just Compensation'

Originally Published in Daily Journal, January 4, 2013 It has been quite a busy year for takings cases, and the state Court of Appeal provided one last published eminent domain opinion just before 2012 came to a close....more

Repeated Seasonal Flooding Of Forest Land Authorized By Government May Qualify As A Taking of Property

The U.S. Army Corps of Engineers authorized repeated seasonal flooding that damaged trees on forest land owned by the Arkansas Game and Fish Commission. The question before the United States Supreme Court was “whether a...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

I Saw the Sign, and It . . . Was Taken Down?

Those don't quite sound like the lyrics to the early-90's popular Ace of Base hit, "The Sign." But they likely describe the situation of many travelers on the I-10 freeway in Los Angeles thanks to a recent California Court...more

Privately-Owned Utility Company Liable In Action For Inverse Condemnation

A court of appeal recently held that a privately-owned utility company may be held liable for inverse condemnation as a public entity. (Pacific Bell Telephone Company v. Southern California Edison Company (--- Cal.Rptr.3d...more

Condominium Owners' Right to Sue Developer for Common Element Deficiencies

Section 23(1) of the Condominium Act (the “Act”) empowers a condominium corporation to sue on its own behalf and on behalf of all unit owners in respect of damage to the common elements. In the case of 1420041 Ontario Inc. v....more

Philadelphia Common Level Ratio Drama Continues

In April, the State Tax Equalization Board (“STEB”) revised the 2011 Philadelphia common level ratio (“CLR”) upward from 18.1% to 25.2%. This increase came after the City of Philadelphia and the School District of...more

Western District of Pennsylvania Limits Party’s Ability to Recover Response Costs

The U.S. District Court for the Western District of Pennsylvania determined that a potentially responsible party conducting a site cleanup pursuant to both a state court order and an administrative settlement with a state...more

New Law Means Major Changes to Iowa's Mechanic's Lien System

On Friday, April 27, 2012, the Governor signed House File 675 into law. This new law will significantly change Iowa's mechanic's lien system and implements numerous amendments to Iowa Code Chapter 572, which governs...more

Town Board was wrong to impose Special Permit conditions where the use was permitted and a Special Permit not required

Conditions on site plan approval must relate only to use of the property and not to the persons who own it.

Petitioners owned land on which they operated a motor vehicle sales and service business. They bought an adjacent parcel of vacant land for the purpose of expanding their business. Both properties were zoned "Commercial C:...more

Post Aviall Settlement Jurisprudence -- Back to the Future

Over the first two decades of CERCLA, the rule gradually emerged that parties which settled their liability were restricted to contribution claims under Section 113(f)(1) and would be entitled to contribution protection under...more

New York Supreme Court Upholds Towns’ Fracking Bans

In two separate decisions issued last week, the Supreme Court of the State of New York (the state's trial level court) upheld the Town of Dryden's ban on hydraulic fracturing (or fracking) in Tompkins County, and...more

Allegheny County Reassessment Update – More Details Released Regarding Appeal Deadlines

The formal appeal filing deadline is April 2, 2012, for all properties in Allegheny County. This is the deadline for filing appeals of both the "old" 2011 value, which will be in use for 2012 (i.e., a 2012 tax...more

Real Estate Alert - "New Changes to the NC Property Tax Appeal Process"

According to ancient lore, the Mayans have long predicted 2012 might bring the end of the world.  The Mayans may not be correct about that, however, it is a certainty that 2012 will bring changes to property tax...more

Construction Alert: NOTICE! Pending Changes to Pennsylvania's Mechanics' Lien Law

In order to promote full disclosure and identification of subcontractors (defined as both first and second tier subcontractors) who potentially might have a lien claim on a commercial construction project in Pennsylvania,...more

Allegheny County Reassessment Update – The Court Delays Implementation of the Reassessment Until 2013

Today Judge Wettick ruled that all jurisdictions in Allegheny County are to use the 2011 certified assessed values for 2012. During 2012, property owners and municipalities will have an opportunity to appeal the new...more

Florida Supreme Court Decision in Koontz is Bad News for Florida Land Developers and Real Estate Investment - Will It Go Up to the...

The Florida Supreme Court made national news as well as in Florida land development and real estate investment circles this week as it released its opinion in Koontz IV (read the full text here), ruling that it is not a...more

Americans with Disabilities Act for Public Works (Presentation)

In This Presentation: - The ADA “Nightmare”; History: - Congress enacted the Americans with Disabilities Act in 1990; - Title II applies to public entities: “Subject to the provisions of this subchapter, no qualified...more

Marzulla Law Legal Report - August 31, 2011

In This Issue: - Court Invalidates Critical Habitat Designation - Testimonial - Expert Witness: Chuck Knight - Endangered Species Listings on The Rise: How to Protect Your Rights if an Endangered Species is Listed...more

Michigan Supreme Court Clears Path For Judicial Review of State Tax Commission Decisions On Property Classification

Until recently, property owners in Michigan who disputed a local assessor’s classification of their property for tax purposes were not permitted to seek judicial review of the State Tax Commission’s decision. However, in...more

UK Public Procurement Law Digest: Removing Mandatory Suspensions

Since the new UK public procurement remedies regime came into force, we have been waiting for examples of how the courts will deal with the new mandatory suspension remedy. We now have the answer. Two new court decisions...more