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PRACTICE COLUMNS
Real Estate
Courts Consider Liquidated Damages for Breach of Exclusive Use Clause
Monday, July 21, 2008
The success of a tenant's business in a retail project may depend, at least in part, on the appropriate mix of tenants in the shopping center.
SPONSOR SPOTLIGHT
Home Sweet Home: Residential Site Plan Immunity
Monday, July 14, 2008
A number of New Jersey communities have enacted ordinances requiring planning board approval for otherwise zoning-compliant detached single-family homes and duplexes based upon topography, vegetation, drainage, lighting, landscaping, screening, driveway and parking space location and for the protection and conservation of soil from erosion.
Court Sustains Arbitration, Waiver of Trial Clause
Monday, July 7, 2008
A federal district court recently held in Boyd v. Allied Home Mortgage Capital Corp. that mortgage lenders could hold borrowers to agreements to arbitrate mortgage disputes and waive their rights to a jury trial.
Landlord May be Responsible for Injuries Sustained on Leased Premises
Monday, June 30, 2008
A landlord is generally not liable for injuries sustained by third parties on his property. The reasoning is simple: Liability is based upon possession and control, not just ownership, of the property.
Court Reaffirms Limitations on Imposition of Special Exception Conditions
Monday, June 23, 2008
In zoning law, it is obviously more difficult to obtain approval for a use permitted by special exception, than for a by right use.
Accessibility of Courts Can Deter Parties From Arbitration
Monday, June 16, 2008
It would be an anathema to discover that alternative dispute resolution spawns litigation, rather than stemming it or even eliminating it altogether.
Va. Court Gets to Root of Trespassing Trees Issue
Monday, June 9, 2008
One question that lawyers are sometimes asked at cocktail parties is what they should do about their neighbors' encroaching trees and plants. Must the owner of the offending tree take action? If not, can victims use self-help to protect their retaining wall, patio or sewer and water pipes?
Landlord Temporarily Enjoined From Evicting Disabled Tenant
Monday, June 2, 2008
Under the guise of the Fair Housing Amendments Act of 1988, or FHAA, the U.S. District Court for the Western District of Pennsylvania in Milan v. Pyros decided whether to temporarily enjoin a landlord from evicting tenants who suffered from physical disabilities.
Pa. Courts Continue to Confront Perpetuities Issues
Monday, May 19, 2008
As we all learned in law school, the common law rule against perpetuities invalidates future interests in property which may vest later than 21 years after the end of lives in being at the time of the creation of the interest.
Neighbors' Retaining Wall Dispute Leads to Litigation
Monday, May 12, 2008
As a renter, up until just a few years ago, I had spent years beholden to the whims of an interesting array of landlord characters. Perhaps it was the winter of my senior year at college, spent in Poughkeepsie, N.Y., without running hot water, which put me over the edge.
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