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This article describes conflicts with zoning boards and neighbors as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.
Editor’s Note: When searching for land and/or buildings to buy, commercial property developers frequently run up against conflicts with zoning and other government-imposed issues, or with neighbors who are not fans of the proposed development project. But these are not the only problems that can occur: restrictive covenants, for one, can stand in the way of particular projects, making that “perfect” property not so perfect after all. What can be done? In this article, the author describes the issue as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.
By Elizabeth Kluger Cooper and Zach Boroson
Market forces — such as workplace design, demographics and urbanization, capital flow and technology — are driving the growth of flexible space.
By Terrence M. Dunn
What Tenants and Landlords Should Know
There are differences between assignments of leases and collateral assignments of leases, and each has aspects that parties to these agreements should expect and look out for. Let’s discuss some of these issues.
By John R. Low-Beer
The ‘Dreikausesn’ Paradox, Other Hurdles, and Suggestions for Change
Under current New York law, even the most meritorious legal challenge to property development faces insurmountable barriers once construction starts, because absent the most egregious wrongdoing, the courts will not order demolition of completed buildings, and current law makes it virtually impossible to obtain a preliminary injunction to halt construction.
By Janice Inman
It’s Not the Money Spent, It’s the Level of Conformance