Commercial Real Estate Updates

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Sustainable Development Update - January 2017 #2

Sustainable Development Focus - Exponential growth in net zero energy buildings predicted for the next two decades - Building Design + Construction - Jan 5 - The global market for products and services...more

Pop-up Shops: Breath of Fresh Air?

If you are involved in commercial real estate, especially if working with landlord clients, you’ve likely had a chance to work with retailers in creating a unique lease for a pop-up shop. These novel concepts are popping up...more

The Basics of 1031 Exchanges - Part One

This is part one of a two-part series on Internal Revenue Code Section 1031 Tax-Deferred property exchanges. This first article will provide an overview of the rules that govern 1031 exchanges. Part two will deal with the...more

Michigan Governor Signs Law Excluding Library Taxes from Capture by Tax Increment Financing Entities

On Jan. 9, 2017, Michigan Governor Snyder signed into law a package of bills, all with immediate effect, that would exempt certain taxes levied for library purposes from being captured by tax increment financing authorities,...more

Private Sale Of Real Property Voided Where District Rejected “Substantially Higher” Offer From Charter School

In re: Private Property Sale by the Millcreek Township School District, 143 A.3d 1037 (Pa. Commw. Ct. 2016) (Decided July 20, 2016). The Commonwealth Court of Pennsylvania reversed the decision of the trial court which had...more

Agenda with Superficial Description Violated Brown Act but Related Land Use Initiative for a Walmart Store did not Violate...

On January 5, 2017, the Court of Appeal for the Fourth Appellate District partially published Hernandez v. Town of Apple Valley, __ Cal.App.5th __ (2016) (Case No. E063721). The published portion of the opinion addresses...more

CalEnviroScreen 3.0 – Still the Wrong Tool for CEQA Review

On January 9, 2017, the California Environmental Protection Agency (CalEPA) and Office of Environmental Health Hazard Assessment (OEHHA) released an “Update to the California Communities Environmental Health Screening Tool,”...more

The Implied Covenant of Good Faith and Fair Dealing

Anybody who has ever had a child has heard the refrain “but that’s NOT FAIR.” While the concept of “fairness” plays a big role in how the world should operate in the minds of children, there is sometimes a disconnect between...more

Arizona Court of Appeals Rules That Coverage for an Additional Insured is no Greater Than Coverage Afforded a Named Insured - -...

In a matter of first impression, the Arizona Court of Appeals recently ruled that the “Your Work Exclusion” in a Commercial General Liability (“CGL”) insurance policy bars coverage for an additional insured when the only...more

Florida Building Owners Going Solar: Legal Considerations

As the cost of customer-sited solar power-generation plummets, more and more commercial and industrial electric customers are turning to solar power to cut their energy costs....more

Steven Lane v. State of Arizona, et al

Jones, Skelton & Hochuli Governmental and Appellate Group members John DiCaro and Justin Ackerman recently obtained summary judgment on a premises liability and fraudulent transfer lawsuit filed against Gavilan Peak, LLC. On...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations – December 2016 - 1. CON – Final Orders - a. CON Review Number: HG-A-0715-015 – Singing River Health System d/b/a Singing River Hospital – Amendment and Cost...more

Proposed Amendments to the Retail Leases Act introduced into NSW Parliament

If passed by the Parliament in its current form, the Retail Leases Amendment (Review) Bill 2016 will represent a significant update to the Retail Leases Act 1994 (Act)....more

Ringing in the New Year: The Tax Man Cometh. Appealing Your New Maryland Real Estate Tax Assessment

With the ringing in of the New Year it also means it’s that time of year again for Maryland property owners—tax assessment time. So perhaps you are one of the lucky one-third (1/3) of property owners in the State of...more

Second Circuit Finds Special Servicer's Repurchase Claim Barred by Statute of Limitations, POLSINELLI'S Loan Originator Client...

The Second Circuit recently REVERSED a S.D.N.Y decision granting summary judgment in favor of a CMBS Trust whose Special Servicer sued POLSINELLI'S commercial loan Originator client seeking repurchase of a loan due to the...more

The Party's Over: Changes to the Philadelphia Realty Transfer Tax Obligations

An ordinance amending the Philadelphia realty transfer tax (RTT) chapter of the Philadelphia Code was enacted on December 8, 2016, and will come into effect on July 1, 2017.  The ordinance makes two primary changes to the...more

MDOT Files New Bridge Condemnations

Notwithstanding Maroun Court of Claims lawsuit attacking propriety of the Gordie Howe Bridge Project, the MDOT has filed dozens of new condemnations including against Maroun entities. On Friday, I posted a blog...more

Wolverine Pipeline Capitulates in Response to Necessity Challenge

In return for dropping a necessity challenge, Wolverine Pipeline agreed to substantially modified easement and paid the attorney fees incurred in pursuing the challenge. As I have previously noted, greater flexibility...more

Everything You Need To Know About Florida Deficiency Judgments – Part I

A mortgage judgment in Florida does two things – it sets the amount owed to the lender, and it orders the sale of the mortgaged property and applies the proceeds to pay down the debt. Where the sale proceeds are insufficient...more

Court Denies City of Chicago's Tax on Assignments of Mortgages

In October 2015, we discussed Cook County, Illinois circuit court cases City of Chicago v. KTCP and Halsted West v. City of Chicago, which held that an assignment of a mortgage is a transfer of a “beneficial interest in real...more

Money, Dirt and Steel: Year End 2016

COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS - In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action...more

OTA & Travel Distribution Update – Dec. 22nd, 2016

Our weekly client OTA & Travel Distribution Update for the short week ending December 22, 2016 is below. This week’s update is brief one....more

Moroun Seeks to Block Gordie Howe Bridge Condemnations

Companies controlled by Mannie Maroun, who owns the Ambassador Bridge, have filed a lawsuit seeking to block MDOT condemnations to acquire property for the Gordie Howe Bridge. Mannie Maroun has spent years attempting to...more

Renewable Energy Update - January 2017

Renewable Energy Focus - Solar industry tackles financial barriers by merging two key organizations - Greentech Media - Jan 4 - The alphabet soup of solar industry organizations just got a little bit less...more

Sustainable Development Update - January 2017

Sustainable Development Focus - Why is improving the efficiency of small businesses so challenging? - Greentech Media - Dec 28 - Many voices have highlighted the expected leadership role of private-sector...more

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