Zoning, Planning & Land Use, Commercial Law & Contracts, Residential Real Estate

Rogers Towers: Municipal Liens vs. Mortgages: Florida’s Supreme Court Rules on Superpriority Issue

by Douglas L. Waldorf, Jr. | Rogers Towers on 5/21/2013

In my April 18th post, I discussed the recent trend of municipalities enacting ordinances designed to give their code enforcement liens “superpriority” over prior-recorded mortgages. Basically, the municipalities have sought...more

Part II - How Will North Carolina Handle Forced Pooling?

by Jessica L. Kimble | Spilman Thomas & Battle, PLLC on 5/3/2013

As discussed in Part I, the North Carolina Mining and Energy Commission (“N.C. MEC”) will present its report on hydraulic fracturing to the Joint Legislative Commission on Energy Policy and the Environmental Review Commission...more

New Floodplain Ordinance Targets Oil and Gas Operations

by Mark Clark | Spilman Thomas & Battle, PLLC on 4/26/2013

The County Commission in Doddridge County, West Virginia is currently considering amendments to its Floodplain Ordinance as a result of a December 17, 2012 decision by the Circuit Court of Doddridge County. (Comments to the...more

Municipal Liens vs. Mortgages: Which Has Priority?

by Douglas L. Waldorf, Jr. | Rogers Towers on 4/19/2013

I have recently encountered several situations in which local governments are claiming, under ordinances they have enacted, that their liens and fines have “superpriority” status over existing mortgages, regardless of when...more

Foreclosure Tip #1: Inspections – Do It Before You Own It

by Keith Mullen | Winstead PC on 4/17/2013

In some parts of the country, a recovering local economy means the special asset (or problem loan) groups are reducing staff, as loan production groups come back to life. Leaving the special asset group under-staffed could...more

CFPB files amicus brief in Second Circuit ILSA case

by Sarah Reise | Ballard Spahr LLP on 4/2/2013

On March 12, 2013, the CFPB filed a new amicus brief supporting the consumer/appellee’s position that the Interstate Land Sales Full Disclosure Act (ILSA) applies to condominium units, even where the unit does not also...more

Simplifying the Mechanic's Lien Agent Process: N.C.'s New Online Clearinghouse

by Bryan G. Scott | Spilman Thomas & Battle, PLLC on 3/29/2013

As I have discussed in the past, North Carolina’s General Assembly recently introduced the concept of Mechanic’s Lien Agent (MLA) into our state’s lien laws to address so-called “hidden liens” that have long been a thorn in...more

Appellate Notes: Week of March 18, 2013

by Edward McCreery III | Pullman & Comley, LLC on 3/22/2013

In This Issue: - SC18921- Redding Life Care, Inc. v. Redding - SC18846- Bauer v. Bauer - SC18947- State v. Charlotte Hungerford Hospital - AC34075- Carrillo v. Goldberg - AC33764- Alarmax...more

Catching Up with Winding Down: The Status of California Redevelopment Successor Agencies

by Noa Clark, Robert Herr, Paul Levin | Pillsbury Winthrop Shaw Pittman LLP on 2/18/2013

Successor agencies to California’s dissolved Redevelopment Agencies (“RDAs”) continue to wind down the operations of the former RDAs under the supervision of oversight boards pursuant to Assembly Bill X1 26 (“AB 26”) as...more

Appellate Notes: Recent Decisions of the Connecticut Supreme and Appellate Courts - January 2013

by Edward McCreery III | Pullman & Comley, LLC on 2/14/2013

In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more

Pennsylvania Legislature Considers Amendments to the Dormant Oil and Gas Act

by Stefanie Lepore | Reed Smith on 2/13/2013

Proposed changes to Pennsylvania’s Dormant Oil and Gas Act may lead to disputes over the validity of existing oil and gas leases. In Pennsylvania, it has been long understood that the oil and gas subsurface estate may be...more

Go Beyond Google Maps: Powerful Ways to Illustrate Location in Your Case

by Cogent Legal on 1/4/2013

One of the most common items attorneys will put into a brief or a case presentation is an overhead map of the relevant area. Since the dawn of Google, attorneys have grown accustomed to copying and pasting the image of a...more

The Fiscal Cliff for Condominium Developers

by Kristi Stotts | Winstead PC on 12/31/2012

Heard enough about the fiscal cliff? Condominium developers should take into consideration the potential liability for assessments on developer owned condominium units when structuring condominium regimes to avoid their own...more

Using Your Neighbor’s Airspace in Today’s Construction Projects

by Wade R. Budge, Nora R. Pincus | Snell & Wilmer L.L.P. on 12/24/2012

Since at least the times of the Ancient Greeks, cranes have been an important part of a construction project. Modern building designs and construction techniques have made cranes integral to today’s development projects....more

Marketability of Title: In Reaffirming Hocking, the Court of Appeal in Dollinger Draws a Clear Distinction Between Market Value...

by Miller Starr Regalia on 10/11/2012

Market value and marketable title are not synonymous. Dollinger DeAnza Associates v. Chicago Title (6th Dist. 2011) 199 Cal.App.4th 1132 (“Dollinger”), provides an excellent summary of several key cases interpreting what...more