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July 2013


July 26, 2013 | Posted by Kerri Folb 7/26/2013 | Permalink
The United States District Court for the Eastern District of New York recently issued a decision that highlights the need for buyers of potentially contaminated property to carefully draft provisions in sales contracts that set forth the respective obligations of the parties for the investigation and remediation of the property. read more
July 16, 2013 | Posted by Toni Finger 7/16/2013 | Permalink
Last month, the U.S. Supreme Court ruled that a government’s demand for property or money from a land use permit applicant as a condition of a permit, even when the government denies the permit, must satisfy the requirement that there is a nexus and rough proportionality between the government’s demand on the landowner and the effect of the proposed land use. While the Court’s decision could be viewed as potentially subjecting land use decisions to heightened constitutional scrutiny, it is unlikely to have much practical effect in New York. read more