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Eminent domain has divided pipeline developers, landowners, environmentalists, and the government in a recent series of high profile cases involving natural gas pipeline projects. For example, the Third Circuit in In re PennEast Pipeline Co., LLC, 938 F.3d 96 (3d Cir. 2019), held that eminent domain cannot be used to acquire state lands. And the D.C. Circuit, animated by concern about the ability for pipeline developers to use eminent domain long before the Federal Energy Regulatory Commission (FERC) and the courts finally resolve challenges to FERC’s certificates approving such infrastructure projects, recently overturned 30 years of jurisdiction-related precedents in Allegheny Defense Project, et al. v. FERC, No. 17-1098, 2020 WL 3525547 (D.C. Cir. Jun. 30, 2020) (en banc). The U.S. Supreme Court has signaled its interest in eminent domain by inviting the Solicitor General to address whether certiorari should be granted in PennEast.
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Guarantor Liability for Post-Window-Period Rent
By Cheryl Ginsburg
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
By New York Real Estate Law Reporter Staff
Foreclosure on Lien for Common Charges Not Dismissed
Condominium Entitled to Impose Reasonable Fee for Consent to Hallway Enclosure
By New York Real Estate Law Reporter Staff
Illegality Defense Raises Questions of Fact
Good Guy Guaranty Not Released
Exchange of Texts Does Not Constitute Settlement Agreement
Landlord’s Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal
By New York Real Estate Law Reporter Staff
Boathouse Not an Impermissible Second Dwelling
Reduction In Size Did Not Alter Nonconforming Use Status
Local Ordinance Did Not Prohibit Short-Term Rentals