Parking Lots

News & Analysis as of

Free Patient Parking May Trigger False Claims Act Violation

Who knew? When you park for free at your doctor’s office, you may be a pawn in a scheme to violate the Anti-Kickback Statute, the Stark Law, and the False Claims Act. It’s enough to make you sick....more

MoFo New York Tax Insights - Volume 6, Issue 8 - August 2015

Court Of Appeals Affirms Revocation Of Tax Exemption For Public Parking Facilities - Reversing a decision by the Appellate Division, the Court of Appeals has held in a 5-2 decision that a charitable organization is not...more

Is a Disability Lawsuit Coming to Your Property?

If you own or lease commercial property in Minnesota, you may be at risk of being named in a series of lawsuits targeting Minnesota business owners. Why Lawsuits Are Being Filed - Commercial property owners and...more

Court of Appeals Decides “Greater Jamaica” RPTL 420-a Case

We reported in February on an Appellate Division, Second Department case that held that public parking garages can qualify as tax exempt under Real Property Tax Law § 420-a. On July 1, the Court of Appeals overturned that...more

Penalty Clauses: A Question Of Context?

In ParkingEye Ltd v Beavis [2015] EWCA Civ 402, 23 April 2015, a dispute about the non-payment of a GBP 85 parking fine the Court of Appeal has explored the fundamental principles of the rule against penalties and given an...more

Let It Snow

An accident or injury that happens on the commute to work is usually not considered workers’ compensation. A worker is only protected if they have reached the parking lot or the near proximity of their workplace and come...more

Run over by shoplifter in parking lot, retail employee may sue employer and supervisor despite having WSIB coverage

A retail employee who helped pursue a shoplifter, in violation of the employer’s workplace violence policy, was not entitled to WSIB benefits and could sue the employer and a supervisor in the courts for her injury....more

Can Public Parking Garages Be Tax Exempt In New York? The Second Department Says “Yes”

In the recent decision in Matter of Greater Jamaica Dev. Corp. v. New York City Tax Commn., 111A.D.3d 937, 975 N.Y.S.2d 749 (2d Dep’t 2013), the Appellate Division, Second Department held that five public parking garages...more

Have You Considered Parking In Your Restaurant Lease?

Shockingly, many restaurant leases fail to account for parking. More often, the landlord considers whether there is enough parking before entering into the restaurant lease negotiations, but they don’t account for it in their...more

N.C. Court of Appeals: Restrictive Covenant Prohibiting "Store" Does Not Prohibit "Parking" for a Prohibited Store

How broadly will the appellate courts interpret a restrictive covenant applicable to real property? Not so broadly as to prohibit a parking lot to be used by customers for an otherwise expressly prohibited use....more

APCOA – The Key Highlights of 2014’s Most Discussed Scheme

On 30 October 2014, the English High Court sanctioned the second scheme of arrangement for the APCOA group (the “Scheme”). APCOA has been one of the hottest names in the restructuring market in 2014. First, it broke new...more

IRS Reminds Employers Value of “Free” Parking May Be Taxable Fringe Benefit

A recent Information Letter issued by the Internal Revenue Service (IRS) on the taxation of employer-provided parking, although noncontroversial, serves as a useful reminder that “free” parking for employees may result in...more

Ninth Circuit Holds That ADA Applies to Public "On-Street" Parking Even in the Absence of Adopted Technical Design Standards

Title II of the Americans with Disabilities Act (“ADA”)1 requires states and local governments to operate and maintain public “services, programs or activities” in a manner that is “readily accessible” to the disabled. The...more

County Employee Injured While Walking From Parking Facility To Work Ineligible For Workers’ Compensation Benefits, New Jersey...

A Morris County employee sought workers’ compensation benefits for an injury sustained on a public street while walking a few blocks from a privately-owned employer-paid parking lot to her office. Hersh v. County of Morris,...more

Illinois Employers Should Beware Of The Impact Of The Firearm Concealed Carry Act

Illinois employers beware, if you want to prohibit the carrying of concealed firearms on your property, you must post a sign stating that the carrying of firearms is prohibited, according to a law that became effective...more

Act Now Advisory: Illinois's New Firearm Concealed Carry Act Requires Action Now by Employers

Earlier this year, Illinois passed the Firearm Concealed Carry Act ("Act"), which generally allows individuals to carry concealed guns in Illinois as long as they have a license to do so. The Illinois State Police will start...more

Fifth Circuit Says Designated Parking Space May Be Reasonable Accommodation

The Fifth Circuit Court of Appeals has held that a request for a reserved, free on-site parking space could have been a request for a reasonable accommodation under the Americans with Disabilities Act (ADA) even though...more

“A Parking Lot Is Not Just A Parking Lot”: Scooter Accident Was WSIB Issue, Employee’s Lawsuit Barred

An employee’s motor scooter accident in her employer’s parking lot was a Workplace Safety and Insurance Board issue, so the employee was not entitled to sue the employer in the court, the Ontario Workplace Safety and...more

Retroactive Stormwater Permitting of Existing Development – Coming to a Parking Lot Near You?

On July 10, 2013, a consortium of environmental organizations filed a petition with the U.S. EPA, asking the Agency to make a determination under the Clean Water Act (CWA) that stormwater discharges from impervious surfaces...more

Is “Parking” Really A CEQA Impact? Same As It Ever Was!

Judging by all the recent articles and blog posts written about it, many commenters believe the Court of Appeal’s recent decision in Taxpayers For Accountable School Bond Spending v. San Diego Unified School Dist....more

Upcoming Changes to Parking Space Requirements of the Arlington County Zoning Ordinance

Arlington Commercial Parking Working Group - It is no secret Arlington’s workforce is changing how they get to work. In recent years, there has been a shift from single-occupancy vehicle (“SOV”) trips to other...more

Bright Lights Not a Significant Impact; Lack of Parking May Be

In Taxpayers for Accountable School Bond Spending v. San Diego Unified School District (2013) __ Cal.App.4th __ (Case No. D060999) the Court of Appeal for the 4th District held that the San Diego Unified School District (the...more

The Courts Drag Parking Back into the California Environmental Quality Act - BB&K's Sarah Owsowitz and Stephanie Straka Explore...

It is a truth, universally acknowledged, that a Californian in possession of a car must be in want of a parking space. And, of course, this space should be free, just steps from your intended destination and available 24...more

Construction & Land Use Newsletter - June 2013

In This Issue: - Lien Filing Update: Virginia Mechanic’s Liens Get Even Harder - Arlington County Reconsiders Parking Ratios for Commercial Site Plans - Zoning Ordinance Revisions Affecting Arlington...more

Arlington County Reconsiders Parking Ratios For Commercial Site Plans

In 2012, the Arlington County Board directed county staff to investigate the effect of approving less parking for site plan office buildings and to determine methodologies to mitigate impacts attributable to approving lower...more

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