Columns & Departments
Development
Constitutionality of Boarding House Definition Town's Use of Escrow Funds Upheld Planning Board Failed to Consider Public Safety Issue Denial of Special Permit Upheld Due to Traffic Concerns Questions of Fact About Whether Agreement Included Acquisition of Air Rights Zoning Amendment Not Arbitrary Even If It Would Authorize Uses Prohibited By Restrictive Covenants
Features

$8.6M Settlement In Florida Serves As Cautionary Tale for Commercial Real Estate
"What's going to happen with affordable housing is that people are going to be living under the radar, trying to get under the leases and do not live there, and apartment owners need to be aware of that because they could be liable for that."
Features

Debt Originations May Have Bottomed
CRE debt organization has continued to slow but has reached a virtually flat position, according to Newmark's 1Q24 State of the U.S. Capital Markets.
Features

Sui Generis: Collaborate Like You Mean It
Part Three of a Series This article offers up some thoughts about how lawyers ought to access and manage resources in order to provide a multi-faceted, full-service approach to addressing their clients' needs.
Features

When Is A Pretext By A Municipality A Bar To Land Use Approvals?
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
Features

Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals?
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
Columns & Departments
Co-Ops and Condominiums
Housing Discrimination Claim Dismissed Co-Op Did Not Breach Shareholder's Guaranty Agreement Co-Op Not Exempt from Lead Paint Mandate
Features

Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor
Given that landlord damage claims could overwhelm other creditor claims in a tenant's bankruptcy case, the Bankruptcy Code includes a provision that limits a landlord's claim, which presents challenges for landlords as creditors in bankruptcy cases.
Columns & Departments
Development
Environmental Group Has Standing But Loses On the Merits of Challenge to Subdivision Approval Applicant Entitled to Permit For Small Wireless Facilities
Features

Due Diligence Commercial Leasing Best Practices In New Jersey
Due diligence for CRE loans involves a comprehensive review and analysis of the various conditions and risks associated with the property being mortgaged, with the goal of mitigating such risks to the greatest possible extent before closing the loan.
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