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Commercial Real Estate Updates

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

Development of court practice of determining the starting date for payment of property tax on a fixed asset that is ready for...

by Dentons on

On 28 April 2017 the Commercial Court of St. Petersburg and Leningrad Region rendered a decision in case No. ?56-87465/2016 (the “Decision”) under the claim of Penobeton-Pikalevo LLC (the “Company”). The case considered the...more

Sustainable Development Update - May 2017 #2

by Allen Matkins on

Sustainable Development Focus - How green infrastructure manages stormwater, enhances property values - Urban Land - May 3 - The growing involvement of the real estate industry in helping municipalities manage...more

Client Alert: Unable to Open For Business After Its Permit Was Denied, Tenant Nonetheless Ordered to Pay Entire Accelerated Lease...

It’s a tale as old as time. Tenant falls in love when it finds the perfect space to rent for its business. Instantly smitten, tenant takes a solemn vow and signs a long-term lease with landlord. But alas, the government...more

Taking Over or Letting Go: The Legal Ins and Outs of the Ontario ESA’s Building Services Provisions

Although it is common for building and property managers to rely on third parties for on-site services, familiarity with the building services provisions of Ontario’s Employment Standards Act, 2000 (ESA) is critical. These...more

Higher Temperatures, Rising Water Levels and Preparing for a Sea Change in Real Estate

Climatologists predict that sea levels will continue to rise in the coming years and that temperatures will increase, causing the frequency and intensity of hurricane-like storms to grow. These scenarios present challenges...more

Negotiating Construction Agreements with Japanese Contractors for Domestic Projects

A foreign owner contracting with a Japanese construction company to build facilities in Japan, whether a hotel, a manufacturing facility, a process plant or otherwise, faces a number of challenges....more

Colorado Appellate Court Holds that Commercial Entity that Owns a Senior Living Facility Is a “Residential Property Owner” Within...

by Pepper Hamilton LLP on

Broomfield Senior Living Owner, LLC v. R.G. Brinkmann Co., 2017 Colo. App. Lexis 261 (March 9, 2017) - R.G. Brinkmann Company, as general contractor, was retained by Sunrise Development, Inc., a major national developer,...more

Who Knew? An Absolute Assignment of Rents Can Be Absolute

by Seyfarth Shaw LLP on

Sixth Circuit Determines that an Absolute Assignment of Rents Perfected Under Michigan State Law Takes Property out of a Bankruptcy Estate (In Re Town Center Flats, LLC, Case No. 16-1812 — Decided May 2, 2017)....more

Arizona appellate court takes the high road and enforces a commercial lease to operate a medical marijuana dispensary

by Thompson Coburn LLP on

In a case of first impression in Arizona, the Court of Appeals in Green Cross Medical, Inc. v. Gally (April 18, 2017) held that a lease to operate a medical marijuana dispensary was not void from its inception, either under...more

West Coast Real Estate Update - May 2017 - #2

by Holland & Knight LLP on

Federal Court Upholds Termination of Navy Lease Bid Due to Environmental Concerns - In Open Spirit, LLC v. United States, No. 15-370C (Fed. Cl. filed April 28, 2017), the U.S. Court of Federal Claims upheld the...more

Governor's Zika Virus Orders Extend Deadlines for Development Permits

by Holland & Knight LLP on

An opportunity to obtain substantial permit and development order extensions is available as a result of Emergency Orders issued by Florida Gov. Rick Scott because of the Zika virus. To date, holders of certain development...more

North Carolina Supreme Court Adopts "Substantial Competent Evidence" Requirement for Borrowers Asserting "True Value" Defense in...

by Ward and Smith, P.A. on

On Friday, May 5, 2017, in a major victory for lenders, the North Carolina Supreme Court reversed the North Carolina Court of Appeals’s decision in United Community Bank v. Wolfe. In July 2015, the Court of Appeals decided in...more

Is a lease always just a lease?

by Shutts & Bowen LLP on

For one Miami-Dade County shopping center owner, the answer is now yes, but only after a ruling from Florida’s Third District Court of Appeal in Garcia v. Dadeland Station Associates, Ltd. In 2015 that owner found itself...more

Landlord Rights and Responsibilities in Commercial Tenant Bankruptcies

Landlords beware: You may not be able to rely on all the remedies found in your lease if your tenant files bankruptcy. For example, the bankruptcy section of your lease may provide that the tenant filing a bankruptcy petition...more

No Intention? No Notice!

by Reed Smith on

In a judgment that will undoubtedly impact what has become fairly common practice when filing notices of intention to appoint an administrator (“NOITA”), the Court of Appeal has held in JCAM Commercial Real Estate Property XV...more

OTA & Travel Distribution Update - April 28th, 2017

by Garvey Schubert Barer on

This week’s OTA & Distribution Update for the week ending April 28, 2017 is below. Loyalty program updates feature prominently in this week’s Update as well as story on some important changes at Airbnb to lure corporate...more

For-Profit Schools Ruled Exempt From Michigan Personal Property Tax

by Miller Canfield on

In a departure from past interpretation, the Michigan Supreme Court issued a ruling on May 1, 2017 expanding the use of personal property tax exemptions available to for-profit institutions. In SBC Health Midwest, Inc. v City...more

In Self-Renewing Lease, Tenant Has Burden of Proving Timely Termination

by Pierce Atwood LLP on

In a case of interest to commercial landlords and tenants, the Massachusetts Appeals Court recently ruled that where a commercial lease is self-renewing but can be terminated on six-months’ notice to the other side, the party...more

Supreme Court of California Ruling Elevates Responsible Agency Role Under CEQA - City's EIR Erred by Failing to Fully Disclose and...

by Holland & Knight LLP on

In Banning Ranch Conservancy v. City of Newport Beach, et al., the Supreme Court of California held that lead agencies need to expressly disclose and consider the jurisdictional claims and regulatory opinions of responsible...more

The Trend Toward Greater Integration Of Foodservice Operators In Retail Real Estate

by Cole Schotz on

The International Council of Shopping Centers (ICSC) recently released an interesting report prepared in collaboration with Jones Lange LaSalle (JLL) entitled The Successful Integration of Food & Beverage Within Retail Real...more

Sustainable Development Update - May 2017

by Allen Matkins on

Sustainable Development Focus - How green is your city? Here's how its building practices compare to other U.S. real estate hubs - Orlando Business Journal - May 1 - The U.S. saw more than 3,400 properties win...more

Kmart Bankruptcy, Part Deux

It’s no secret that Kmart is facing another liquidity crisis. Just over ten years after Sears rescued the discount retailer from bankruptcy in 2006, the pioneer of the “blue light special” is destined for another, and...more

New Legislation: The Forfeited Corporate Property Act

by Dickinson Wright on

The Forfeited Corporate Property Act, 2015 (“FCPA”) and related changes to the Ontario Business Corporations Act (“OBCA”) received Royal Assent on December 10, 2015 and came into force December 10, 2016. ...more

Assigned Rents Not Bankruptcy Estate Property After Assignment is Enforced

by Miller Canfield on

On May 2, 2017, the Sixth Circuit Court of Appeals clarified whether a bankruptcy debtor retains any property rights in rents after defaulting on a loan that includes an assignment of rents. The case, Town Center Flats,...more

Don’t Get in Front of Your Bank – A Pitfall for Construction Financing

Most contractors and construction professionals understand that it is critical to obtain financing before beginning the project. Why is this? Well, this question has come in recently and the answer is you might not get the...more

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