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Can tenants maintain a class action against landlords asserting a pattern and practice of illegal conduct when the various plaintiff tenants have been injured by different forms of allegedly wrongful conduct? The Court of Appeals faced that issue in Maddicks v. Big City Properties, LLC, 2019 WL 5353010, and a divided court held that the class action could survive a motion to dismiss despite the disparate bases of tenant’s alleged overcharge claims. However, the court did not decide whether the class should ultimately be certified.
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By Danielle C. Lesser
Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the “continuous operations provision” found in mall leases.
Insufficient Hostility to Establish Title By Adverse Possession or Prescriptive Easement
Adverse Possession Claim Against Governmental Land Upheld When Land Not Held for Governmental Purposes
No Preliminary Injunction in Action to Declare Sale Contract Void
Despite Proximity, Neighbor Lacked Standing to Challenge Alleged Zoning Violation
Neighbors Entitled to Remedy Against Landowner’s SLAPP Suit
Area Variance Denial Overturned
Condemnation Upheld Despite Benefit to Private Party