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What Counts As an Exaction?
January 27, 2005
In <i>Nollan v. California Coastal Commission</i>, 483 US 825, and <i>Dolan v. City of Tigard</i>, 512 US 374, the United States Supreme Court established that constitutional scrutiny of government exactions is more stringent than constitutional scrutiny of other land use controls. Last month, the New York Court of Appeals addressed an issue not fully resolved by Nollan and Dolan: What counts as an exaction for takings clause analysis?
Development
January 27, 2005
Recent rulings of importance to you and your practice.
Conditions Precedent in Brokerage Agreements
December 27, 2004
In the absence of language to the contrary, a real estate broker in New York becomes entitled to a commission when the broker produces a purchaser who is ready, willing, and able to consummate the sale. That is, if the seller changes its mind, or proves unable to deliver title, the seller remains liable for the broker's commission. Dispute about whether broker has procured a ready, willing, and able buyer has generated considerable litigation, but those disputes are not the subject of this article. Instead, this article focuses on the import of "language to the contrary" -- language that purports to alter the common law obligation of the seller to the broker.
Landlord & Tenant
December 27, 2004
The latest important rulings.
Index
December 27, 2004
Everything contained in this issue, in an easy-to-use list.
Real Property Law
December 27, 2004
Recent important rulings.
Eminent Domain Law
December 27, 2004
Recent rulings you need to know.
The Year in Review: Our Look Back and Look Forward
December 27, 2004
Last month we started our Year in Review, and made it up through June. In Part Two, we finish off the highlights of 2004.
The Year in Review: Our Look Back and Look Forward
December 07, 2004
The year 2004 has been my first full year as Editor-in-Chief of this publication. While there have been challenges, there have also been some rewards. So, sit back, relax and enjoy the first half of 2004 as I present to you selected highlights of <i>Marketing the Law Firm</i> for the months January through June.
Landlord & Tenant
November 30, 2004
The latest rulings for you to review.

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