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District Court Rules on Ripeness of Claim Under RLUIPA
By Stewart E. Sterk
When does a RLUIPA claim become ripe? A federal district court in the Southern District of New York dismissed a RLUIPA claim as unripe, borrowing ripeness doctrine from the takings context and declining to apply a “futility exception” to the requirement that a landowner obtain a final decision before proceeding to federal court.
Severing a Master Lease Raises Thorny Issues
By By Peter E. Fisch and Salvatore Gogliormella
A master lease structure is often used where a single landlord and a single tenant intend to lease multiple properties. By using a master lease structure to cover multiple properties as opposed to individual leases, the parties can streamline administration of a large-scale portfolio of properties. However, master lease severance comes with a series of complications.
The Scrivener’s Error Doctrine In Commercial Lease Drafting
By Efrem Z. Fischer
What are the limits of efforts to rescind or reform an agreement based upon a mistake? Can a mere “Scrivener’s Error” during drafting result in a wholesale extinguishing of a lease document?
By CLLS Staff
A compilation of commercial real estate rulings in courts across the country.
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