Opportunity zones are the latest big thing to hit the commercial real estate market, but many questions remain, including details of how deals can be structured, the best strategy for investing and just how much property there is in the zones.
Failure to Procure Insurance Not a Curable Breach; Yellowstone Injunction Denied
Industrial Development Agency's Determination Rationally Related to Stated Public Purpose
Industrial Development Agency Did Not Have Authority to Condemn Land Already Used for a Public Purpose
Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.
Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.
Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.
Nonconforming Use Not Discontinued
Developer's Rico, Estoppel, and Equal Protection Claims Dismissed
Denial of Area Variance Overturned
Affirmative Covenant Enforceable Against Successor Developer
Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable
Claim Based On Retaliation for Assertion of Fair Housing Rights Dismissed
Failure of Consideration a Defense In Action Against Tenant's Guarantor
