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Category: Articles & Alerts

Rainy Days, Mondays and Recessions

1/30/2019 | Articles & Alerts, Zoning and Development

                Mark Twain was fond of saying that everyone complains about the weather, but no one does anything about it. The same could be true of recessions, particularly in the real estate world. Since I make my living in the world of real estate transactions, litigation and land use, I try to keep informed about the economy generally and the commercial real estate industry specifically. That is, I like to stay ahead of the curve. We all know that recessions […]


Related Practices: Land Use, Zoning, and Development, Tax Assessment Appeals and Exemptions

WILL “WATERS OF THE UNITED STATES” DEFINITION BECOME LESS FLUID?

12/26/2018 | Articles & Alerts

By way of brief background, the federal Clean Water Act prohibits discharges to “waters of the United States” (WOTUS) without a permit. However, there was no definition of WOTUS. In 2015, the Obama Administration finalized the WOTUS Rule, which applied an expansive meaning to the term to broaden federal jurisdiction. In October 2015, the Sixth Circuit delayed the effective date of the WOTUS Rule pending judicial review. In January 2018, the Supreme Court ordered that the Sixth Circuit lift its […]

DEALING WITH RETAIL VACANCIES

11/28/2018 | Articles & Alerts, Real Estate Transactional

With numerous retail stores closing locations in 2018 and 2019, co-tenancy clauses and use and building restrictions in retail leases continue as major issues that could have damaging effects on shopping centers and malls. The closures of such stores as Sears, J.C. Penney, Kmart, Macy’s, Toys R Us and Lord & Taylor have caused significant vacancies in retail properties, and have a domino effect resulting from the co-tenancy provisions in the other leases of the properties. These co-tenancy provisions permit […]


Related Practices: Real Estate Transactional

The Infrastructure Gold Rush – Opportunities for Minority Businesses

7/30/2018 | Articles & Alerts, General, Land Use, Zoning & Development

   Every four years, the American Society of Civil Engineers’ “Report Card for America’s Infrastructure” depicts the condition of our nation’s infrastructure in the familiar form of a school report card. Letter grades are assigned based on the physical condition and needed investments for improvement. Sadly, for 2017, the grade is a D+. A similar report by Pennsylvania civil engineers has found that Pennsylvania faces immense challenges in maintaining and modernizing its infrastructure. Repairs are desperately needed to roads, bridges, […]


Related Practices: Land Use, Zoning, and Development

“The Reports of My Death are Greatly Exaggerated…”

5/30/2018 | Articles & Alerts, Real Estate Transactional

                 Several quotes come to mind when summing up the current state of the retail business – “bend but don’t break”, “down but not out” and “The Reports of My Death are Greatly Exaggerated”.   Despite the widely held panic that Amazon and its online comrades have sounded the death knell for the traditional shopping center, the current reality is that retail is very much alive, albeit different and evolving.                I have spoken to dozens of brokers and developers, and […]


Related Practices: Real Estate Transactional