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The Massachusetts Supreme Judicial Court (the “SJC”) recently decided that two mortgage foreclosure ordinances adopted by the City of Springfield were preempted by existing state law. In Easthampton Savings Bank v. City of...more
In an important decision yesterday, Judge Douglas Woodlock of the District of Massachusetts confirmed that CERCLA preempts local cleanup bylaws. The case involved one aspect of the cleanup of the W.R. Grace Superfund Site in...more
On July 11, 2013, in Latinos Unidos del Valle de Napa y Solano v. County of Napa (A135094), the First District reversed and remanded a trial court's decision that Napa County's restrictive density bonus ordinance did not...more
In a partially-published appellate writ decision filed July 8, 2013, the Fifth District Court of Appeal held that while CEQA’s administrative record statute (Pub. Resources Code, § 21167.6) does not impliedly abrogate the...more
It has become increasingly common in recent years for Florida municipalities to enact local ordinances granting so-called “superpriority” status to liens for municipal assessments. These types of ordinances typically state...more
The Florida Supreme Court has ruled that cities cannot create ordinances that subject prior recorded mortgages to their subsequently recorded county or governmental liens, because it conflicts with Florida's state statutes on...more
Yesterday, the Illinois Supreme Court filed its long-awaited opinion in Palm v. 2800 Lake Shore Drive Condominium Association. Although on its face, Palm relates only to the enforceability of a Chicago city ordinance on...more
The Illinois Supreme Court just announced that on Thursday morning, it will file its opinion in Palm v. 2800 Lake Shore Drive Condominium Association, a dispute over an owner’s right to compel the production of documents by...more
Full text copy of the Supreme Court's unanimous decision in Sackett v. EPA, allowing landowners judicial review when faced with compliance orders from EPA regarding violations of the Clean Water Act....more
This paper analyzes the land administration policies in Ghana to determine what the impact on the real estate sector has been. Additionally, this paper will briefly analyze title insurance in the United States market and...more
On May 17, 2010, Judge Lanphear of the Providence Superior Court found portions of Providence’s local foreclosure ordinance to have been preempted by state law. The court found that Providence’s attempt to bar foreclosure...more
On July 22, 2009, the California Court of Appeal ruled that a provision of a City of Los Angeles (the “City”) specific plan requiring the inclusion of affordable units in certain new for-rent projects is unenforceable because...more
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