Effective October 3, 2023, the threshold amount for rejecting bids when they exceed the original construction estimate will increase for certain Ohio public entities. Previously, Ohio Revised Code (ORC)153.12 specified that...more
A recent decision from the Appellate Division, Third Department, concerned an unsuccessful challenge to a subdivision approval for five separate community solar projects. First – a little background information. ...more
In Maroney, et al. v. Fiorentini, et al., U.S. Dist. Ct., No. 1:16-cv-11575-DLC (D. Mass. Dec., 2017), Magistrate Judge Cabell in the United States District Court of Massachusetts partially denied a motion brought by...more
On May 23,2017, the Court of Appeal for the Fourth Appellate District granted a request to publish Kutzke v. City of San Diego, __ Cal. App. 5th __ (2017) (Case No. D070288), another opinion that shows the deference courts...more
There are many ways to acquire a distressed residential subdivision for what may seem to be a bargain price. Whether an investor is buying the property at a foreclosure sale or purchasing a defaulted mortgage loan on the...more
It’s not uncommon for plaintiffs to couch their pleadings in terms that attempt to avoid exclusions in defendants’ liability coverage. The plaintiffs in Bond Safeguard Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh,...more
A city may deny a proposed mobilehome park subdivision that is inconsistent with the open space element of its general plan, according to the recent court of appeal decision in Carson Harbor Village, Ltd. v. City of Carson,...more
Developers and builders who wish to acquire a failed developer’s residential subdivision, when there are existing homeowners in the subdivision, should BEWARE that a statutory turnover of HOA control may have occurred!...more
If there's any good news in a hurricane or tropical storm, this is it: an officially declared state of emergency that allows permit-holders to extend their permits, as well as certain other government authorizations. Not only...more
With the ongoing drought in California, multifamily and residential subdivision developers who encounter difficulties in obtaining water service commitments for their projects from existing water suppliers may consider...more