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Features
Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.
Columns & Departments
Despite Proximity, Neighbor Lacked Standing to Challenge Alleged Zoning Violation Neighbors Entitled to Remedy Against Landowner's SLAPP Suit Area Variance Denial Overturned
Columns & Departments
Condemnation Upheld Despite Benefit to Private Party
Features
As a result of the coronavirus pandemic, a property owner might reach out to its lender for urgent, needed debt relief. The lender, which strives for a performing asset, an on-going relationship with its customer makes concessions. In exchange for these concessions, the lender should obtain credit and legal enhancements., which should also enable the lender to make concessions that are more meaningful to the property owner, its investors, its tenants and its business.
Columns & Departments
Sponsor Correctly Calculated Reserve Fund Shareholder Did Not Breach Survival of Closing Affidavit
Features
Overall, the pandemic will likely result in long-term changes for law firm offices. While law firm leasing activity will eventually pick up, firms may decrease their overall footprints, taking up 10% to 15% less square footage because some people will continue working from home.
Columns & Departments
Lease Provision Does Not Bar Conversion Claim for Damages After Issuance of Warrant of Eviction
Features
Jeffrey Turkel's lead article in last month's issue focused on the Regina Metropolitan case, in which the Court of Appeals invalidated a number of…
Features
When COVID-19-related restrictions imposed by state and local governments are lifted, there is no guarantee that they will have done more than delay the inevitable: eviction and bankruptcy. Modifications should be used to cut risk and losses. If at all possible, landlords and tenants should cooperate now to avoid that outcome.
Columns & Departments
Condominium Lien Enjoys Priority Over Mortgage Business Judgment Rule Precludes Challenge to Cancellation of Shares