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Columns & Departments
Bifurcation Is Not the Answer<br>Zoning Board's Variance Not Extinguished Despite Lack of Standing<br>Delay Tactics Cost Tenant $24 Million
Features
When a tax-exempt property's use by a lessee involves an element of private profit. Is the tax-exempt status lost?
Features
When entering into or acquiring leases for locations, a retail or restaurant business must consider broader business concerns in negotiating the leases' assignment provisions. Those provisions can inadvertently create major obstacles in the ultimate conveyance or financing of the business.
Features
<b><i>Sets Standard that Potentially Relieves Municipalities from Liability for Denying Religious Uses</b></i><p>The broad and somewhat vague definition of religious exercise in The Religious Land Use and Institutionalized Persons Act (RLUIPA) has invited much litigation over what constitutes a substantial burden and even what constitutes religious exercise.
Columns & Departments
Merger Defeats Single and Separate Ownership Claim<br>Failure to Refer to County Planning Board Invalidates Grant of Area Variance<br>Denial of Natural Resources Special Permit Upheld<br>Village Ratifies Extension of Lease to Cell Phone Provider
Columns & Departments
Interest on Loan Tolled When Mortgagee Delayed In Filing Request for Judicial Intervention<br>Court Dismisses Tortious Interference Claim By Holder of First Refusal<br>Easement Enforceable Despite City Register's Failure to Index the Easement Against Newly Created Lot
Columns & Departments
Liquidated Damages Provision Not an Unenforceable Penalty<br>Occupant Established Succession Right Despite Absence of Sexual or Blood Relationship<br>Rent Stabilization Provision Lost When Tenant Executed Lease In Corporate Name<br>Predecessor Landlord Waived Prohibition on Subleases and Assignments
Features
The Appellate Division, Second Department, recently decided <i>Long Island Pine Barrens Society, Inc. v. Suffolk County Legislature,</i> an important case that pitted the interests of farmers and conservationists against a local advocacy group focused on open space and water quality.
Columns & Departments
Broker Agreed to Commission Based on Rent for First Five Years of Lease<br>Statements in Earlier Action Did Not Accelerate Mortgage and Trigger Statute of Limitations<br>Death Does Not Extend Foreclosure Limitations Period<br>Neighbor Granted Statutory Licence to Paint Fence<br>Record Did Not Establish Conveyance of Easement<br>Co-Tenant Entitled to Partition
