Conflict Between Condo Declaration and Religious - Part 2 by Heenan Blaikie LLP on 5/18/2012 n a previous blog, we looked at a number of cases in the U.S. relating to condominium residents affixing mezuzot on the exterior unit doors. In Canada, there are no reported cases that specifically deal with mezuzot. However,...more
Eviction Of Tenant Without Cause From Low Income Housing Which is Government-Subsidized But Privately Owned Violated Tenant’s... by Kronick, Moskovitz, Tiedemann & Girard on 5/15/2012 A court of appeal found that a tenant of a privately owned low income, government-subsidized housing was deprived of a protected property interest when the property manager evicted a tenant at the conclusion of her lease...more
Conflict Between Condo Declaration and Religious Practices by Heenan Blaikie LLP on 5/14/2012 In the vast majority of instances, it is important for condominium corporations to actively enforce their declarations, by-laws and rules. In fact, section 17(3) of the Condominium Act, 1998 (the “Act”), imposes an obligation...more
Tenants Win in Supreme Court Ruling on Rent Control by Lawyers.com on 5/3/2012 In a victory for tenants, the U.S. Supreme Court has let New York City’s hallowed rent stabilization law stand, refusing to hear an appeal by the landlords of two townhouses on West 76th St. who challenged the...more
Taxpayers Receive Tax-Exempt Interest on Settlement by Fox Rothschild on 4/27/2012 In DeNaples v. Commissioner , 109 AFTR 2d 2012-1419 (March 19, 2012), the U.S. Court of Appeals for the Third Circuit, in partially reversing the U.S. Tax Court, held that taxpayers were in receipt of tax-exempt interest...more
Will Demoting the DFI, DOC and DRE Matter? by Allen Matkins Leck Gamble Mallory & Natsis... on 4/18/2012 The Governor’s Reorganization Plan would demote the Department of Corporations and the Department of Financial Institutions to the status of divisions within the new Department of Business Oversight. The new DBO would report...more
Are Florida Right of Way Corridor Preservation Ordinances Unconstitutional? Land Owner Wins First Round in Federal Fight by Rosa Eckstein Schechter on 4/11/2012 In Florida land development, how traffic moves through an area is important - and years in advance of any roadway being constructed, there are land planners who work hard to determine where roads (highways, streets, etc.) are...more
New York Court of Appeals: No Due Process Violation Where Municipality Fails To Give Property Owners Notice of Buyback Rights in a... by Reed Smith on 4/9/2012 On February 21, 2012, New York state’s highest court unanimously refused to extend due process protection to property owners challenging a tax lien foreclosure sale on grounds that they did not receive notice of their...more
Michigan Legislature Proposes Bill in Response to Recourse Cases by Dechert LLP on 3/30/2012 Well, that didn’t take long . . . Flashback to last month, when we highlighted two eye-opening judicial decisions from Michigan that could potentially have a dramatic and costly impact for recourse guarantors of many CMBS...more
For Investors There May Be a Brighter Side to the “Robo Settlement” by Bilzin Sumberg Baena Price & Axelrod LLP on 3/27/2012 Further to Phil Stein’s post on Friday, as we continue to parse through the political rhetoric, the fine print of the settlement agreement, and the hoards of misinformation promulgated by the press, we do not believe that...more
Supreme Court Takes Up Hot Issues Of Public Employer Budget Woes, No-Fault Coverage, Takings Damages For “Loss Of Market... by Warner Norcross & Judd - Appellate Practice... on 3/26/2012 The Supreme Court granted three applications for leave of significance on March 23, 2012. The first raises the issue of whether courts may examine a public body’s stated budgetary motive in defending a whistleblower claim,...more
RCRA Citizen Suits Are Still Constitutional by Foley Hoag LLP - Environmental Law on 3/14/2012 2012 is shaping up to be the Year of the Commerce Clause. Not only is the Commerce Clause at the center of the Supreme Court ‘s impending review of the Affordable Care Act later this spring; it is also at the heart of a...more
In a Landmark Decision, the Texas Supreme Court Recognizes Vested Property Interest in Groundwater "In Place" by Jackson Walker on 2/29/2012 On February 24, 2012, the Texas Supreme Court issued its long-awaited decision in Edwards Aquifer Authority v. Day, one of the most significant water law cases in years. In a unanimous decision, the Court ruled that,...more
PA Tax Notes by McNees Wallace & Nurick LLC on 2/24/2012 Interest on Real Estate Tax Overpayments The Commonwealth Court has held that the provisions of the Local Taxpayer Bill of Rights apply to refunds of real estate taxes, requiring that interest be calculated from the...more
Case Comment: Free Speech v. Defamation/Harassment by Heenan Blaikie LLP on 2/7/2012 In a recent case out of Orleans, Massachusetts, the trial and appeals court found that an owner’s right to free speech trumped the by-laws of a condo association. Steven Preu, an owner at Old Colonial Village...more