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Commercial Real Estate Civil Rights Constitutional Law

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

Arizona Attorney General Secures Dismissal of 1,700 Lawsuits By Serial Plaintiffs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A state court has granted the Arizona Attorney General’s Motion To Dismiss approximately 1,700 Arizona access lawsuits on grounds that the organizational and individual plaintiffs lacked standing to sue....more

Evangelical Church Sues Colonie, New York, Alleges Religious Discrimination, Over Delays in Land Use Approval Process

by Robinson & Cole LLP on

An evangelical church, Life Covenant Church a/k/a LifeChurch.tv (“LifeChurch”), is suing Colonie, New York (“Town”), the Town’s Planning Board, certain of its members, and the Town’s attorneys over allegations that the Town’s...more

Five Holiday Season Tips for Retail Landlords

by Allen Matkins on

The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and most importantly — more traffic and customers. Along with these benefits, the holidays also...more

2d Cir Extends Williamson County Ripeness "Final Decision" Requirement To ADA Claims

by Robinson & Cole LLP on

Ah, Williamson County. We've ranted about it before, so we won't do so here (again). But takings mavens know that a property owner must meet two tests before she can raise a takings claim against a state or local government...more

Second Circuit Restores Litchfield Synagogue's Lawsuit

by Robinson & Cole LLP on

A lawsuit filed by a Litchfield Jewish organization has been reinstated, giving the group new hopes it will ultimately win approval to build a 20,000-square-foot synagogue and community center near the historic...more

Court Stops Serial Plaintiff's Latest Effort: Payne v. Chapel Hill North Properties

by Poyner Spruill LLP on

The United States District Court for the Middle District of North Carolina recently dismissed an Americans with Disabilities Act (“ADA”) case filed by Denise Payne, a Florida resident, and National Alliance for Accessibility,...more

Koontz v. St. John's River Water Management District

Brief Amicus Curiae of Owners' Counsel of America in Support of the Petitioner

by Robert Thomas on

Today, on behalf Owners' Counsel of America, we filed this amicus brief in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). That's the case asking whether the "essential nexus" and "rough...more

Evolving Free Speech Legislation Threatens the Rights of Property Owners

by Allen Matkins on

There is conflict between the free speech rights guaranteed by the U.S. Constitution and the right of shopping mall owners. Shopping malls are considered pseudo public spaces by California courts so many free speech tenets...more

Free Speech and Shopping Malls: Resources to Help Landlords and Property Owners Stay Compliant

by Allen Matkins on

Ever since the Pruneyard decision, public shopping malls have been seen as an extension of the public square. Although the property is private, protesters have free speech rights granted by the U.S. and California...more

Property and Business Owners' Precondemnation Damages Claims Dismissed

by Brad Kuhn on

We've covered in the past the impacts property and business owners suffer when government agencies plan for public projects. We've also covered when agency planning crosses the line and results in precondemnation damages or...more

Justice Scalia Predicts Kelo v. City of New London Will be Overturned

by Brad Kuhn on

When we think of some of the most well-recognized and controversial decisions from our judicial system, cases like Roe v. Wade (abortion) and Dred Scott v. Sandford (slavery) come to mind. Within our group of right of way...more

Guggenheim v. City of Goleta, California

Brief of Manufactured Housing Institute as Amicus Curiae in Support of the Petitioners

by Robert Thomas on

Today, on behalf of the Manufactured Housing Institute, we filed this amicus brief (also available below) in the U.S. Supreme Court in Guggenheim v. City of Goleta, No. 10-1125 (petition for cert. filed Mar. 11, 2011). In...more

Constitutional and SEQRA challenge to local law restricting landlords fails as court holds law valid

Fourth Department decision holds local law valid

by Reuben Ortenberg on

A landlord association challenged by a hybrid Article 78 and Declaratory Judgment action a Village of Brockport, New York local law, LL8-2008, which requires landlords to register their properties with the code enforcement...more

Recovering Business Damages in Condemnation Cases

by Anthony DellaPelle on

Are business losses compensable as part of "just compensation" when a business property is taken by eminent domain? This article surveys the circumstances around the United States in which business profits and good will may...more

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