Read Residential Real Estate law updates, news, and legal analysis from leading lawyers and law firms:
Ventas' Debra Cafaro on why the Health Care asset class is well positioned in today's economy
Widow Foreclosure Catch-22
A New World for Mortgage Banking – What You Need to Know About the CFPB’s Final Mortgage Servicing Rules
Former Congressman Steve Bartlett Joins the LEVICK Team
Taking it Seriously: Unusual Lease Violations in Virginia
Weekly Brief: Lawyers Laid Off After Foreclosure Settlement
Allen Matkins/CBRE 360 in 60 - Industrial Markets Overview
Allen Matkins/CBRE 360 in 60 - Capital Markets Overview
Allen Matkins/CBRE 360 in 60 - Economy Overview
Weekly Brief: Hurricane Sandy, GC Donations, Tweeting Fake News
Weekly Brief: BoA Sued; SCOTUS Shortlists; Fund Fights Argentina
Weekly Brief: CFPB, Legal Fees & Hashtag Hijackers
Fein Such: Real Estate
Can Cities Use Eminent Domain To Seize Mortgage Loans?
How to Fight a Wrongful Foreclosure
Abacus Bank Indicted for Mortgage Fraud; More Prosecutions to Come?
LEED Certification Basics and the Rise of Green Building—Lori Wisniewski Azzara
Whalen: Too Much Regulation Caused JP Morgan $2 Billion Loss
Sackett v EPA - Supreme Court Authorizes Pre-Enforcement Review of Clean Water Act Compliance Orders - David Cooke
Barofsky: Don't Believe Hype About $25B Mortgage Settlement
In 2000, in its 2-page per curiam opinion in Village of Willowbrook v. Olech, the Supreme Court gave hope to developers and property owners that the equal protection clause could be used to prevent local zoning and...more
Originally Published in Law360 on March 28, 2013.
Howard Nelson, chairman of the environmental practice group at Bilzin Sumberg Baena Price & Axelrod LLP, has experience in environmental and land use law and zoning and...more
The Texas Supreme Court recently issued an important decision on a groundwater rights question that had gone unanswered for more than a century. In Edwards Aquifer Authority v. Day, the Court held that Texas property owners...more
In Martin v. Hamblet, decided November 21, 2012, the West Virginia Supreme Court of Appeals determined that a surface owner may not appeal issuance of a well work permit by the Department of Environmental Protection for a...more
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
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
Developers have cheered in recent years as the Supreme Court has tightened its standing rules. In a decision issued on Friday in National Association of Home Builders v. EPA, the Court of Appeals for the District of Columbia...more
In This Issue:
- Court Upholds Landowner's Contract-Based Mineral Rights
In the Elmore/Road Rock, Inc. v. Florida Power & Light breach of contract case, Judge Robert A. Rosenberg of the Complex Litigation Unit of...more
Shortly before the close of the last legislative session, I found myself writing a strongly-worded letter (on behalf of myself and interested clients of Miller Starr Regalia) to Governor Brown, the authors of proposed SB 436...more
In This Issue:
- Federal Government Admits To Liability In Land Takings:
The Otay And Bassett Cases
Sometimes the evidence of a taking is so overwhelming that even the federal government has to concede liability....more
Environmental decisions involving water quantity and quality affect us all. After all, water in lakes, streams, and aquifers is a resource that many users must share for a multitude of purposes. And water is a...more
Yesterday, on behalf of the Land Use Research Foundation of Hawaii, we filed this brief amicus curiae in the U.S. Supreme Court in Maunalua Bay Beach Ohana 28 v. Hawaii, No. 10-331 (cert. petition filed Sep. 7, 2010).
As climate change litigation proceeds throughout the country, three cases, Comer v. Murphy Oil, Connecticut v. American Electric Power and Native Village of Kivalina v. ExxonMobil, provide indications of the Supreme Court's...more
This appeal presents an issue left unaddressed by the Hawaii Supreme Court in In re Robinson, 49 Haw. 429, 421 P.2d 570 (1966). Namely, whether the government waives a reservation of mineral and mining rights when it fails to...more
Article on bills passed by the Illinois General Assembly to encourage the use of solar energy.
This article was written by Dave Scriven-Young, an attorney with Peckar & Abramson, PC, and was originally published on the...more
This brief was filed to support the application for writ of certiorari which asks the Hawaii Supreme Court to review the decision of the Hawaii Intermediate Court of Appeals in Maunalua Bay Beach Ohana 28 v. State of Hawaii,...more
Yesterday, we filed this motion for leave to file brief amicus curiae and a copy of the proposed brief in support of the application for writ of certiorari which asks the Hawaii Supreme Court to review the decision of the...more
Desiging a building to be LEED certified carries legal risks. Minimize those risks by stating LEED goals, not LEED guarantees....more
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
Do judges “make” law, and do courts “take” property when they
change it? These questions, and others, are now before the U.S. Supreme Court in a Florida case to be argued in December.
In Stop the Beach Renourishment, Inc....more
Do judges "make law?"
That issue was at the forefront in the recent confirmation hearings for Justice Sonia Sotomayor. While asked the question -- she -- like SCOTUS nominees before her, politely sidestepped the...more
Millions fight to save Nevada's people and land from nuclear waste. The Yucca Mountain Project has gone from bad to ugly, and now involves a number of law suits involving federal, state and tribal sovereignty over Yucca...more
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