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Development

April 01, 2004

Recent cases of importance to your practice.

Cooperatives & Condominiums

April 01, 2004

Recent cases of importance to your practice.

Restrictive Covenants Meet the Telecommunications Act of 1996

April 01, 2004

Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in Chambers v. Old Stone Hill Road Associates (see infra, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.

Development

March 03, 2004

Recent cases of interest to you and your practice.

Index

March 03, 2004

A complete listing of everything contained in this issue.

Successor Liability of UCC Foreclosure Sale Purchasers

March 03, 2004

As a result of non-eviction co-op conversion plans, many rent-stabilized tenants live in co-operative apartment units. Suppose the apartment's owner overcharges the tenant. May the tenant recover the overcharge from a successor owner who purchased the co-operative unit at a UCC foreclosure sale? That issue, faced by a New York court in Muscat v. Gray (infra page 3 ), raises questions both of statutory construction and public policy.

Real Property Law

March 03, 2004

Recent rulings of importance to you and your practice.

Cooperative & Condominiums

March 03, 2004

The latest cases of importance to your practice.

Landlord & Tenant

March 03, 2004

Recent rulings of importance to you and your practice.

Decisions of Interest

March 03, 2004

Recent rulings of importance to you and your practice.

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