The US Supreme Court overturned today the air quality rule that was issued by the Environmental Protection Agency (EPA) under the Obama Administration, holding that the EPA did not properly consider the costs of the regulation. "The Supreme Court dealt a blow to the...
Last week marked the 10th anniversary of the US Supreme Court’s 5-4 decision known as Kelo v. City of New London. In that decision the Supreme Court ruled private economic development is a public use under the 5th amendment to the US Constitution. This decision...
Reprinted with permission from Kara A. Allison, APR, of Hull & Associates, Inc. Have you applied for federal brownfields funding lately? Perhaps you’ve noticed an increasing emphasis on incorporating sustainable concepts, equitable development, and other...
As I’ve noted in prior posts, the State of Ohio has an incredible amount of information available online. Today’s article covers the Ohio Board of Building Standards (the “BBS"), which is under the purview of the Department of Commerce. The BBS is comprised of 15...
(“Say what you mean, precisely, or a judge will decide what you meant” #9) As established in other “Watch Your Language” articles for this Blog, as a general rule, courts will uphold language in commercial agreements (including leases), unless it is contrary to...
The U.S. Supreme Court issued its decision today in the consolidated cases of Bank of America, N.A., Petitioner v. David B. Caulkett, and Bank of America, N.A., Petitioner v. Edelmiro Toledo-Cardona, declining 9-0 to void the junior mortgage liens on the respondents’...
A recent Ohio Supreme Court decision reminds local governments that their zoning laws cannot be used to unconstitutionally deprive property owners of their property rights. In State ex rel. Sunset Estate Properties, L.L.C. v. Lodi (Slip Opinion No. 2015-Ohio-790),...
Not paying taxes that are legally owed is often referred to as “tax evasion”, and has been, is and will always be illegal. Reducing one’s tax burden, legally, however, by taking advantage of applicable exemptions, credits…and other tax saving techniques authorized by...
When improvements abut property lines, landowners will inevitably encroach on the neighboring property when maintaining and repairing their own property. Of course a landowner can always just ask for permission to have equipment, contractors etc. go onto the...
The purchase and sale of real property that is leased by one or more tenants presents a number of issues worth thinking about and planning for, before you “sign on the dotted line”. Usually, rental property is worth a premium because the owner receives…rents. Often,...