Landlord Tenant Law

Denial of Special Permit Lacked Rational BasisChallenge to ZBA Determination Not Time-Barred

Claimant Not Entitled to Damages for Loss of Setback

Some attorneys at Florida’s largest law firms are optimistic that a recently enacted legislative measure that eliminates the business rent tax will help make the state even more attractive to out-of-state businesses and investments.

Questions of Fact Preclude Summary Judgment on High-Rent DeregulationAlterations That Do Not Injure Reversion Do Not Constitute Breach, Despite Lease Language to the ContraryRes Judicata Does Not Bar Landlord’s Claim for Rent Arrears

Liquidated Damages Provision Not Disproportionate to Probable Loss

In Peconic Land Trust, Inc. v Salvatore, the Second Department affirmed the Motion Court’s grant of summary judgment upholding the notice provisions in a conservation easement and held that the landowner’s failure to notify the land trust before they cut down trees that were protected by that conservation easement was a material violation of the easement. The Second Department affirmed Justice Pastoressa’s decision and held that the land trust was entitled to judgment “compelling the restoration of the [protected] property to the condition that existed prior to such violation.”

Denial of Variances and Special Permit Upheld

As part of its work on the major budget and tax bill, the Senate has introduced a measure that would offer “permanent renewal and enhancement of opportunity zones.”