Features
Mark Grafton
The recent U.S. Supreme Court ruling in Sheetz v. County of El Dorado will cause many local governments to revisit the defensibility of their impact fee regimes.
Columns & Departments
New York Real Estate Law Reporter Staff
City Took Hard Look At Environmental Factors Without Requiring Environmental Impact Statement On Impact of Climate Change
Area Variance Grant Upheld for Construction of Fence
Landowner Did Not Establish Pre-Existing Nonconforming Use
Features
Jeffrey A. Margolis
In the view of many experienced practitioners, arbitration has morphed into a time-consuming process, often as expensive as litigation and has other shortcomings such as the non-appealability of the arbitrator's decision. Not so mediation which may be a materially better form of ADR.
Columns & Departments
New York Real Estate Law Reporter Staff
Practical Location of Boundaries Doctrine Applicable Even When Deeded Boundaries Are Clear
Restrictive Covenant Did Not Bar Above Ground Pool and Deck
Questions of Fact Preclude Summary Judgment On Enforceability of Two-Year-Old Contract
Adverse Possession Claim Fails for Failure to Prove Cultivation and Improvement
Features
Peter E. Fisch
&
Salvatore Gogliormella
Since a deed is a subsequent writing between the parties, there is some logic to the terms of the deed taking precedence over the terms of the prior contract of sale, at least as to the subject matter of the deed.
Columns & Departments
New York Real Estate Law Reporter Staff
Public Purpose Finding Upheld
Features
Ahmad H. Mango
Despite being more affordable than title insurance, attorney opinion letters should be used with caution when replacing title insurance. The costs savings associated with this practice might not justify the additional risk associated with it.
Columns & Departments
New York Real Estate Law Reporter Staff
Obligation to Construct Interior of Condominium Did Not Touch and Concern the Land, and Therefore Did Not Bind Successor
Managing Agent Did Not Owe Fiduciary Duty to Unit Owner; Condo Board Protected By Business Judgment Rule
No Preliminary Injunction In Acton to Abate a Noise Nuisance
Features
Alan Nochumson
&
Alex Goldberg
The Pennsylvania Commonwealth Court affirmed a decision by the city of Philadelphia's Zoning Board of Adjustment (ZBA) that a real estate developer's evidence established an unnecessary hardship because it proved that the property, a vacant lot that needed costly environmental remediation, was practically valueless without the granting of a variance under the Philadelphia Zoning Code.
Columns & Departments
New York Real Estate Law Reporter Staff
Liquidated Damages Clause Might Constitute Unenforceable Penalty
