Parking Lots

News & Analysis as of

Open Parking, LLC v. Parkme, Inc. (W.D. Penn. 2016)

Every day, millions of people are subjected to a frustrating experience -- finding a place to park their automobiles. Whether at the train station, the sports stadium, a festival, or a popular restaurant, circulating through...more

The writing's on the wall - Winterburn & another v. Bennett & another

In Winterburn & another v. Bennett & another [2016] EWCA Civ 482 the Court of Appeal held that signs clearly visible to all stating that a car park was private property defeated a claim by a neighbouring owner that it had...more

Municipalities May Not Grant Preferential Parking to Residents Based on Dwelling Type

California Attorney General Addresses Local Preferential Parking Regulations - Local authorities may not institute preferential parking regulations that discriminate among residents based on the residents’ dwelling type,...more

Don’t Let Deposits Spoil the Deal

A recent case acted as a reminder of the risk inherent in taking a contractual deposit which is greater than the market norm. That case involved penalties for overstaying permitted parking times and re-confirmed the contract...more

Changes to 2016 ALTA Survey Standards – What You Need to Know

The American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) recently adopted revised Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys. The new standards became...more

Are Hidden Title III Claims Lurking in Your Business?

With the extraordinary volume of Americans with Disabilities (ADA) Title III claims clogging the courts, and an increase in the number of plaintiffs’ lawyers litigating ADA issues, we can expect to see another flood of Title...more

Government Can Be Estopped from Going Back on Precondemnation Promises

When the government promises to do one thing and then does another, it usually has myriad excuses. Sometimes it claims that its staff (the people with whom the opposing side are typically interacting) cannot bind the agency....more

Failure to Make Findings Specified in Mitigation Fee Act Requires Refund of All Unexpended Development Fees

The Fourth District Court of Appeal has upheld an order requiring refund of over $10 million in accumulated development impact fees because the City’s findings “were mere conclusions, not the specific findings required under...more

Strange Bedfellows: Technology Issues in Real Estate Transactions, Part 1

Technology continues to infuse our homes, businesses, and places of employment. For example, the “Internet of Things” – as it is sometimes called – brings a lot of promise to a wide variety of industries and sectors,...more

City Ordered to Refund $10.5 Million in Beach Parking Fees

On August 28, 2015, a California Court of Appeal affirmed the trial court's judgment against the City of San Clemente (City) ordering the City to refund approximately $10.5 million in unexpended development impact fees...more

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

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

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

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