News & Analysis as of

Abatement

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos Enforcement: Mississippi Commission on Environmental Quality Order Addressing Demolition of Jackson Hotel

The Mississippi Commission on Environmental Quality (“MCEQ”) issued a March 15th Order to Dr. Mayier Kahn. See Order No. 7316 24. The Order addresses the demolition site at Hotel O located in Jackson, Mississippi....more

Rivkin Radler LLP

The Title Reporter: A Legal Update for the Title Insurance Industry - Autumn 2023

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Here is what we cover in this issue of Title Insurance Update Autumn 2023- • “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have been focusing on the...more

Pierce Atwood LLP

(Precedent) Singing in Harmony

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The Law Court recently cleaned up a tangle of legal precedent regarding the appropriate means for challenging a property tax assessment, explaining and harmonizing two hundred years of case law.  Oakes v. Town of Richmond...more

MG+M The Law Firm

North Carolina Attempts to Crack Down on PFAS Contamination

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As EPA continues to review potential regulations for PFAS contamination in drinking water, some state regulatory bodies have decided not to wait for the federal government to act. North Carolina is the latest state to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Management Fees/Municipality: Federal Appellate Court Addresses Application to U.S. Corps of Engineers Properties

The Federal Circuit (“Court”) addressed an issue arising out of a municipality’s agreement to stormwater fees on federal property. See City of Wilmington v. United States, 68 F.4th 1365 (Fed. Cir. 2023). The question...more

Harris Beach PLLC

"Affordable Housing Rehabilitation Program” Expected to Replace J-51 Property Tax Abatement

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During the waning hours of the 2023 legislative session, New York lawmakers passed the Affordable Housing Rehabilitation Program (the “Program”) to replace the lapsed J-51 tax break that expired on July 1, 2022. Similar to...more

Rivkin Radler LLP

Insurance Update - September 21 2022

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Some important insurance decisions were handed down over the past month. We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Community Associations: Self-Help or Injunctive Relief

Based on a recent opinion from the Second District Court of Appeals, Community Associations should consider self-help/abatement rights to cure violations before filing a lawsuit for injunctive relief.  ...more

Haynsworth Sinkler Boyd, P.A.

HSB Economic Development Update - June 2022

The HSB Economic Development team published their June 2022 news update, highlighting the following topics: Big Changes to South Carolina Property Taxes and Incentives- The big political news in South Carolina this June...more

BCLP

Frustration and rent abatement in commercial leases - Hong Kong Court rules on the impacts of COVID-19 pandemic

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More than two years into the COVID-19 pandemic, anecdotal reports are that there have been many disputes between landlords and tenants about how the pandemic might affect the tenant’s payment obligations. Tenants reportedly...more

Ballard Spahr LLP

Upcoming Hearing on New Regulations That Could Devalue 10-Year Tax Abatement for Some Mixed-Use Properties

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Philadelphia Zoning and Land Use Update - The Philadelphia Office of Property Assessment (OPA) has issued draft regulations for the implementation of the changes in Philadelphia’s 10-year tax abatement in 2022....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Criminal Enforcement: U.S. Department of Justice News Release Announces Sentencing of Asbestos Project Monitor and...

The United States Department of Justice issued a December 1st news release referencing the sentencing of Kristofer Landell (“Landell”) and Stephanie Laskin (“Laskin”) for allegedly conspiring to violate Clean Air Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Criminal Enforcement: U.S. Department of Justice Announces Guilty Plea by Company's Vice President for Property...

The United States Department of Justice (“DOJ”) issued a May 21st news release stating that Roger Osterhoudt pleaded guilty to negligently releases asbestos which violated the Clean Air Act. Mr. Osterhoudt is stated to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Criminal Enforcement: U.S. Department of Justice Announces Abatement Supervisor's Guilty Plea

The United States Department of Justice (“DOJ”) in a March 26th news release stated that Gunay Yakup (“Yakup”) pleaded guilty to involvement in a conspiracy to illegally remove asbestos. The facility involved is stated...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Two Former Municipal Officials Plead Guilty in Asbestos Abatement Matter

On February 18, two former officials of the town of New Windsor, New York, pleaded guilty to charges of negligently causing the release of asbestos during the 2015 demolition of former Army barracks at Stewart International...more

Kramer Levin Naftalis & Frankel LLP

Texas Bankruptcy Court Determines Bankruptcy Code does not Permit it to Delay Debtor Rent Obligations Beyond 60-Day Statutory...

In In re CEC Entertainment, Inc., et al., 20-33163, 2020 WL 7356380 (Bankr. S.D. Tex. Dec. 14, 2020), the Bankruptcy Court for the Southern District of Texas held that the Bankruptcy Code does not permit the court to alter a...more

Bowditch & Dewey

Rent Abatement, PPP Loans (Maybe), and Other Bankruptcy Relief in the Appropriations Act

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On December 27, 2020, the Consolidated Appropriations Act, 2021 became law. In addition to funding the government and providing coronavirus relief, the Act contains several intriguing amendments to the Bankruptcy Code. The...more

Bowditch & Dewey

Delaying the Inevitable? Pier 1, Chuck E. Cheese, and Rent Abatement in Bankruptcy

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The coronavirus pandemic has been particularly cruel to brick-and-mortar retail establishments. As rising infection rates force municipalities to roll back reopening plans, retail and hospitality businesses that rely on...more

Perkins Coie

Landlords Defeat Debtors Seeking COVID-19 Rent Abatements and Deferrals

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Retail, restaurant, entertainment, and other industries have been devastated by COVID-19 and the resulting governmental orders either precluding or materially limiting operations. In that regard, retail bankruptcy filings...more

Seyfarth Shaw LLP

Bankruptcy Court Denies Debtors’ Motion to Abate Rent Due To COVID-19 Government Shutdown Orders

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On December 14, 2020, Judge Marvin Isgur of the United States Bankruptcy Court for the Southern District of Texas, issued an important decision in the CEC Entertainment, Inc. (Chuck E. Cheese) bankruptcy case, Case No....more

Bricker Graydon LLP

Ohio General Assembly considering significant CRA law change during lame duck session

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A new proposal in the Ohio legislature would render commercial and industrial Community Reinvestment Area (CRA) projects akin to “pre-1994” treatment. Ohio’s CRA program was initially created as a housing program in the late...more

Lowndes

Orange County Amends Code to Abate School Capacity For Certain Projects

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On September 1, 2020, the Orange County Board of County Commissioners (BCC) voted unanimously to approve an amendment to County Code to implement an abatement of school capacity enhancement review for pending residential...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead Paint Litigation: Federal Appellate Court Addresses Delaware County's Intention to File Lawsuit

The United States Court of Appeals, Third Circuit (“Court”) addressed in a July 31st opinion issues arising out of Sherwin-William Company’s (“Sherwin-Williams”) lawsuit challenging a Delaware county’s alleged intention to...more

Kelley Drye & Warren LLP

Real Estate Industry Alerts Tracker - July 2020 Issue #5

HOPE Act: Congressmen Taylor, Lawson and Barr Introduce Legislation to Address the Pending Crisis in the Commercial Real Estate Market - Texas Representative Van Taylor, Florida Representative Al Lawson, and Kentucky...more

Rosenberg Martin Greenberg LLP

Retail Leasing in a COVID-19/Post-COVID-19 World: Preparing for the “New Normal”

The retail industry has experienced an unprecedented and immediate shift as a result of the economic fallout from COVID-19. One of the most apparent changes is evident when handling commercial retail leasing; read on to...more

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