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Government may generally regulate land use in ways that diminish the market value of the regulated land, unless the regulation amounts to an unconstitutional taking under Penn Central Transportation Company v. City of New York, 438 U.S.104, or Lucas v. South Carolina Coastal Council, 505 U.S. 1003.
Let Freedom (of Contract) Ring: Yellowstone Waivers Are Enforceable
By Joshua Kopelowitz and Richard Corde
This is the third in a series of articles exploring whether parties to a commercial lease can contractually waive a tenant’s right to seek a Yellowstone injunction. In a recent ruling, the Court of Appeals, in 159 MP Corp. v Redbridge Bedford, LLC, left no doubt that a contractual waiver of a right to seek a declaratory judgment and/or a Yellowstone injunction in a commercial lease is enforceable.
By ssalkin
Merger Doctrine Precludes Unit Owner’s Action Against Sponsor
By ssalkin
Denial of Site Plan Upheld
By ssalkin
Stay of Warrant of Eviction Constitutes Reasonable Accommodation Under Fair Housing Act
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