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MoFo New York Tax Insights - Volume 5, Issue 3 - March 2014

In This Issue: Court of Appeals Reverses Gaied “Permanent Place of Abode” Decision; ALJ Holds That Certain Data Processing Services Furnished to Broker-Dealers Are Not the Licensing of Software; Trial Court Allows...more

Bank of New York Mellon Corp. Sues to Block City of Richmond’s Condemnation of Home Loans

The Bank of New York Mellon Corporation (BNY) is seeking an injunction to prevent the City of Richmond, California from using eminent domain powers to seize and refinance more than 600 home loans with outstanding balances...more

Condeming Underwater Mortgages: Another Look at the Legality of it

OK, I'll admit it. A year ago I thought this whole condemnation-of-underwater-mortgages thing would die off pretty quickly. I predicted we'd never see any large-scale condemnation effort. So far, I've missed badly on the...more

Florida Supreme Court Declares "Superpriority" Municipal Liens Invalid

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

Florida to Government: Your Lien Doesn't Foreclose This Old Mortgage

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

Florida Environmentalists Start Petition Drive for Constitutional Amendment Guaranteeing Funds for Environmental Protection Land...

This month, a new drive for environmental protection of Florida's natural resources began in a big way as the "Florida's Water and Land Legacy" campaign kicked off -- its goal: to insure there is money in the coffers to buy...more

Massachusetts Federal Court Upholds Local Foreclosure Laws

On July 3, the U.S. District Court for the District of Massachusetts dismissed several banks’ challenge to a Massachusetts city’s foreclosure-related ordinances. Easthampton Savings Bank v. City of Springfield, No. 11-30280,...more

Legislature Meets First Committee Deadline

The Minnesota Legislature had a busy week at the Capitol, working to meet their first deadline. The deadline for committees to act favorably on bills in the house of origin is midnight on Friday. Committees must act favorably...more

Gov. Brown Proposes New Changes to California Enterprise Zone Program

California Gov, Jerry Brown recently issued his revised budget proposal. In his proposal, Gov. Brown once again targeted the Enterprise Zone program. However, rather than proposing to eliminate the program in its entirety,...more

Research Memorandum: Eminent Domain & Contract for Deed - Who should the government pay?

This is a memo I prepared after researching an eminent domain case in which the State of Texas was taking certain property and paying for it. The problem was that the State didn’t know who to pay. My client had purchased the...more

Township “Flat Tax” on Business Upheld

The Commonwealth Court, in an unreported opinion, has affirmed a decision of the Court of Common Pleas of Bucks County, which held that a business privilege “flat tax” ordinance passed by Warrington Township did not violate...more

Money May Be Available for Lost Development Potential in the New Jersey Highlands Region

In 2004, the New Jersey Highlands Water Protection and Planning Act (the “Act”) became law. The law created two distinct regions, the Preservation Area and the Planning Area. Development in the Preservation Area was severely...more

Diverting Tax Increment Revenue to Educational Funds: Is it Constitutional or Wise?

Depending upon who you ask, California’s move to reallocate redevelopment funds is either a raid on constitutionally protected tax increment revenue or another example of fat-cat developers stealing precious local property...more

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