In April of 2020, the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, a new final rule was recently published. The changes are scheduled to take effect this year. The definition is significant for a multitude of land uses, as it places limitations on activities that may be conducted within and adjacent to such waters or, in some instances, requires the issuance of permits before certain activities may be conducted.
- April 01, 2023Steven M. Silverberg
HSTPA Does Not Violate Taking or Due Process Clauses Landlord Liable for Bite By Tenant's Dog Tenant Not Liable As Holdover Absent Offer and Acceptance of Rent Payments Issues of Fact Preclude Summary Judgment on Habitability Claim
April 01, 2023ssalkinInjunctive Relief Denied In Action to Enforce Restrictive Covenant Neighbor Lacked Standing to Enforce Restrictive Covenant Easement Holder Entitled to Preliminary Injunction Disposition to Husband and Wife Creates Tenancy By the Entirety Tax Sale Notice Satisfied Statutory and Constitutional Requirements
April 01, 2023NYRE StaffNo Binding Contract Between COOPA and Shareholders Failure to Provide Notice of Mortgage Justifies Return of Downpayment In Foreclosure Sale
April 01, 2023NYRE StaffIn April of 2020 the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, further study was conducted and a new final rule was recently published. The changes are scheduled to take effect this year, if currently pending challenges are unsuccessful.
April 01, 2023Steven M. SilverbergNotwithstanding the importance of a lease to the balance sheets of both landlords and tenants, surrender provisions are commonly glossed over and consequences can be detrimental to either side.
April 01, 2023Stephanie FrieseCommercial real estate is a unique asset, making damages resulting from a breach of an agreement involving it are often difficult to measure. As a result, parties to such agreements must give careful thought to the remedies for such breach, including liquidated damages.
April 01, 2023Adrienne B. Koch and Neil S. MillerThe full pain of the post-pandemic office market hasn't been felt, since many tenants still have time left on their leases. As these leases expire, many tenants will either reduce their size or simply not renew their leases. This phenomenon means a long-term (if not permanent) reduction in the demand for office space.
April 01, 2023Richard BergerAs pandemic-related business disruptions continue to appear on dockets statewide, a reversal by the Georgia Court of Appeals has clarified what does, or rather does not, constitute a landlord's acceptance of a tenant's surrendered lease.
April 01, 2023Cedra Mayfield






