Columns & Departments
Development
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
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?
Features
Effects of COVID-19 Shutdown on Commercial Real Estate
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
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
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
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
Insurance Failure Precludes Exercise of Purchase Option
Features
Commercial Lease Requirements During the Pandemic
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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