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Development

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Prohibition of Advertising Sign Upheld Failure to Consider Rezoning Application Not Subject to Judicial Review

Features

"VARA-90": What Landlords Can Do to Stop the Aerosol Spread … of Graffiti Artists' Claims Image

"VARA-90": What Landlords Can Do to Stop the Aerosol Spread … of Graffiti Artists' Claims

Joseph I. Farca

How did the artists qualify for protection under the Visual Artists Rights Act, how could the owners know whether the artists had achieved "recognized stature" warranting prevention of their works' destruction, and what could the owners have done to avoid liability while retaining the right to dispose of their properties as they saw fit?

Columns & Departments

Landlord & Tenant Law

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City Entitled to Airbnb Records

Features

Effects of COVID-19 Shutdown on Commercial Real Estate Image

Effects of COVID-19 Shutdown on Commercial Real Estate

Katheryn Tucker

Much attention has been paid to the devastating effects of the COVID-19 pandemic on income, unemployment and cash flow for businesses. But new research takes an eye opening look at what the shutdown of many businesses may do to the worth of commercial real estate.

Features

Regina Metropolitan: What Practitioners Need to Know Image

Regina Metropolitan: What Practitioners Need to Know

Jeffrey Turkel

The Court's primary holding in Regina is that retroactive application of the Part F amendments would violate the Due Process clause of the U.S. Constitution.

Columns & Departments

Real Property Law

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Statutory Damages Awarded Against Building Owner Who Whitewashed Artwork Sale Contract Bars Action for Fraudulent Misrepresentation, Concealment, and Inducement Ambiguity In Restrictive Covenant Limits Enforcement Constructive Trust Imposed Based On Alleged Oral Agreement

Columns & Departments

Development

ssalkin

Buffer Zone Included In Rezoned Area for Purposes of Town Law's Supermajority Requirement Short-Term Rentals Do Not Qualify As Single-Family Use

Columns & Departments

Landlord & Tenant Law

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Insurance Failure Precludes Exercise of Purchase Option

Columns & Departments

Eminent Domain

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Additional Allowance to Condemnee Disallowed

Features

Commercial Lease Requirements During the Pandemic Image

Commercial Lease Requirements During the Pandemic

Terrence Dunn

Can a commercial tenant that is required to be closed during the COVID-19 pandemic be relieved of, or does it have a defense to, the obligation to continue to pay rent? The short answer is possibly yes, but the situation is unprecedented and the answer may have to be determined in litigation.

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