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Knick: Opening the Federal Courts to Taking Claims
By Stewart E. Sterk and Michael C. Pollack
When a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the Supreme Court decided Knick v. Township of Scott, the answer was clear: state court and only state court. Knick changed all that.
By ssalkin
Mortgagee Entitled to Deficiency Judgment When Mortgagor’s Submissions Are Insufficient to Rebut Mortgagee’s Appraisal
Foreclosure Action Proceeds Despite Failure to Formally Discontinue Prior Foreclosure Action
Forbearance Agreement Tolled Statute of Limitations
Foreclosure Proceeding Dismissed for Lack of Standing Did Not Accelerate Mortgage
By ssalkin
Landlord Failed to Rebut Presumption of Willfulness
Landlord Substantiated Individual Apartment Improvements
Vacatur of Stipulation for Use and Occupancy Overturned
Occupant’s Deception Waived Succession Rights
Setting Rent for Unit First Decontrolled In 1954
By ssalkin
Commercial Units Should Be Counted In Determining Amount of Reserve Fund
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By ssalkin
