The Law Archive Index

No COVID rent refund due (8/14/2024)
Fitness sued City Center in order to recover rent paid during the mandatory closure periods of non‑essential businesses to slow the spread of . . .

Sidewalk precedent set in New Jersey (7/16/2024)
What responsibilities do we have to keep sidewalks cleared and in good repair? In New Jersey, it depended on the use of the property, and whether the property did, does or could generate . . .

Sell me your shopping center! (6/19/2024)
After an oral agreement to sell a property, followed up with months of negotiations and paperwork, does the buyer have the right to purchase the property?

Dispute over parking spaces (6/28/2023)
As part of a project to improve I-70 in Columbus Ohio, Ohio Department of Transportation (“ODOT”) found itself promising to exchange property which didn’t belong to them. ODOT required property belonging to . . .

Landlord Pays the Bill (1/5/2023)
What is written on paper matters, regardless of oral agreements, but statute of limitations can also effect outcomes at trial. Reasonable offers of judgement may be worth making and taking.

Disappearing Intersection (5/27/2021)
Operating a retail business at an intersection with a state highway brings traffic to your store. What compensation is deserved when the intersection disappears?

A Razing Issue (2/11/2021)
With businesses closing, and buildings vacated, responsibility for the security and upkeep still remain with the owner. Neglect can have . . .

Triggering of Accessibility Upgrades (10/15/2020)
Former chief building inspector for the City of San Francisco learned the hard way that not all older building are required to be retrofitted to make them accessible to the disabled.

The Dram Shop Act Prevails (7/23/2020)
"Our decision today illuminates at least one troubling weakness in Idaho’s Dram Shop Act: the statutory language may unintentionally provide a perverse incentive for dram shops and social hosts to provide alcohol to individuals known to be dangerous in order to access the procedural benefits conferred by the Act."

Is there an “Independent Agent”? (3/5/2020)
“Risk and Release” provisions within agreements do not necessarily protect everyone from liability due to negligence.

Photo Finished (1/23/2020)
A New Years fall ended with a resolution not in favour of the injured party and an attorney possibly facing sanctions.
On New Years Day, 2017 Linda Waldon (Linda) was shopping at a Wal-Mart store in Crawfordsville, Indiana. She was looking at some clothes hanging on a rack, when she slipped on a plastic hanger beneath or around the rack. She experienced “back, neck, and head injuries requiring medical care” and her husband Steve Waldon endured the “loss of consortium and companionship”.

Bumper Carts (12/12/2019)
In December 2012, Barbara Rieger and Ruth Kurka were shopping at a Giant Eagle grocery store in Brook Park Ohio. Ruth Kurka was using a motorized cart, and while driving by the bakery counter, she collided with Barbara Rieger’s push cart which knocked her ...

Exculpatory Clause Declawed (10/17/2019)
A tenant sued its landlord for not having adequate parking. The landlord’s attempt to limit its liability failed.

Locating Adult‑Oriented Businesses (9/19/2019)
Cities throughout the world have had the ability to dictate how land within their boundaries are used. Further as circumstances require, additional restrictions are imposed on certain businesses for the protection of ...

A Matter of “Degree of Foreseeability” (9/5/2019)
The public has an expectation of safety and security when visiting a shopping center, but what level of care does a shopping center have a duty to provide?

Misrepresentation "Negotiation Skill" (7/25/2019)
The “negotiation skill” of a salary plus commission employee landed a California leasing agency in court.

"Excited Utterance Exception" (7/11/2019)
When a startling event occurs, people say things about it. But when is what they say admissible in a court of law?

Obvious Sign? (6/20/2019)
When admitting that a sign has been used to find product in a lumber yard, and admitting to stepping over the same sign multiple times, can it still be a hidden and obscure hazard?

Tax Review Thwarted by “Property Owner” Technicality (5/30/2019)
Lenity is especially appropriate because this case involves the presence of a type of party we rarely see in our Court: a happy family. Happy families are alike in a way particularly germane to the application of lenity here. The members of happy families often do not execute formal written agreements with each other, though they clearly understand and perform the bargained-for agreements between and among them.(Judge Rowan D. Wilson)

Decisions by Simply Doing Nothing (4/25/2019)
What is the statute of limitations when it comes to decisions on mixed-use, commercial, retail, residential construction projects made during a housing crisis?

Goodwill Compensation (4/11/2019)
People love their donut and coffee while sitting in morning traffic on their way work. For over 30 years, Yum Yum Donut Shops, Inc. (Yum Yum), a chain of donut shops had the ideal location on Crenshaw Boulevard, half a mile from the ...

Assignment of Lease Obligation (3/21/2019)
Do brokerage commissions on a renewal of a lease get passed on with the assignment of a lease contract?

Plot Plans the Heart of a Partial Taking (3/7/2019)
When property is being taken by eminent domain, who is responsible for accuracy in the documentation?

Beverages Permitted (2/21/2019)
Does the practice of permitting customers to carry beverages without restriction throughout your store constitute a continued and foreseeable dangerous condition, requiring a warning?

Negotiation in Advance of a Condemnation Action (2/7/2019)
Is a business entitled to relocation benefits if it is required to move due to the municipality requiring the property for a public works project?

“Affirmative Act” in Lease Terms (1/24/2019)
“A contractor, subcontractor, laborer, [or] materialman, ... who performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner thereof, or of [the owner's] agent ... shall have a lien for the principal and interest, of the value, or the agreed price, of such labor ... from the time of filing a notice of such lien.”

Build Out Recoupment (1/10/2019)
When Revel Entertainment Group, LLC., the owner of Revel Casino in Atlantic City, New Jersey, signed up IDEA Boardwalk LLC to operate a beach club and two nightclubs, they agreed to share the initial “build out” ...

Security Guard "Joint Employers" Decision (12/20/2018)
Deputy Morgan sprained his ankle chasing a shoplifter down the stairs from the Brookshire Grocery Store manager’s office ... while working a part-time security job ...

Tenant’s Tax Appeal (11/29/2018)
Beavercreek Towne Station, a five parcel shopping center in Greene County Ohio underwent a five year reappraisal for the 2014 tax year ... Beavercreek City School District Board of Education noticed that the center was sold in October 2014 for an aggregate value of ...

Shopping Cart Duty (11/15/2018)
Linda and Marshall Unger went to a Wal-Mart store in Mobile, Alabama on May 20, 2014. Linda dropped her 77 year old husband off at the entrance and then parked the car. Marshall walked to the front of the cart corral to retrieve a shopping cart.

Cities Using Holes in RLUIPA (10/25/2018)
As a suburb of Columbus Ohio, the City of Upper Arlington is land locked and limited in growth potential. In 2001 it adopted a new Master Plan, with a Unified Development Ordinance, which emphasized the need for new revenue to support its current level of services and capital needs.

Condemnation Provision Condemns Compensation (10/18/2018)
In 2010, the West Point Shopping Center, owned by FPA West Point, LLC, had an access point condemned by the Utah Department of Transportation. KMART Corporation was one of the tenants in the shopping center. Both FPA and Kmart opposed the condemnation, but UDOT was able to proceed by ...

Lease Sealing (9/27/2018)
A Lessee is not obligated to complete a 15 year lease with a Lessor when the lease has not been properly sealed.

Lease Age and Length not a Factor (9/13/2018)
Walgreen Eastern Company objected to the market value assigned to its property in the Town of West Hartford Connecticut after a town wide revaluation was conducted ...

Locating Adult Establishment (8/30/2018)
When retailers decide to open in new markets, they do their due diligence in selecting the appropriate site for their new store. Prior to selecting a site in the Castleton area in Indianapolis, Indiana for a new ...

Future Rulings Have Merit (8/9/2018)
In a four/three split decision, the Washington County Board of Revision and Washington County auditor will need to reargue their real-property-valuation case ...

Gasoline Trap Trip (7/26/2018)
At Massachusetts self serve gas stations, concentric grooves in the pavement to contain gasoline spills, known as positive limiting barriers (PLB) are mandated ...

Nondelegable Duty Nondelegable (7/5/2018)
The Supreme Court was in favor of Rodriguez in all counts except one where it felt that the district court was correct in it's ruling.

Month‐to‐Month Rights (6/14/2018)
What rights exist when a long term lease transitions into a month-to-month agreement?
In 1993, Salima Multani entered into a five-year rental agreement ...

Employee Entitled to Day in Court (5/24/2018)
Even though having an Employee Arbitration Agreement in place, Dollar General is being required to defend itself in a court of law.

”Project Santa Claus” (5/10/2018)
Between 2014 and 2016, the City of Ridgeland, Mississippi attempted to have a Costco store built.

Knowledge of Hazard Required (4/12/2018)
Walgreens has been found not liable to the accident resulting in the broken kneecap caused by a fall in a store.

Kids Are Parents Responsibility (3/22/2018)
On February 2nd, 2018 it was decided that Starbucks Corporation was not at fault for the injury of Marcus Roh.

Procrastinating Mitigation is Expensive (3/8/2018)
The company HCS has been awarded some damages but denied attorney fees after a breach in contract from Lone Star.

Tall Leaning Stack is Open and Obvious (2/22/2018)
A Hodgkins Illinois Menards store has been found not responsible for injuries received from a falling stack of insulation.

Florida court would not impose its definition of terms to similar Alabama stores (2/8/2018)
Winn Dixie considers itself a grocer and leases space in shopping centers in several states. In many centers, the Winn Dixie store is an anchor tenant. As such, it has the ability to include “grocery exclusive” clauses within ...

Respondent Wins Judgment (1/11/2018)
A Nevada shopping center owes one of its tenants short of half a million dollars because it allowed another tenant to provide access to slot machines to its customers.

Anti-SLAPP Motion Slapped (12/22/2017)
Ralphs, Food – 4 - Less, and Foods Co. were successful in banning trespassers from harassing customers as they entered and left two of their San Diego California area stores.

Bar Insured (12/7/2017)
An invitation to a private party on February 15, 2010, where Muddy Rivers, a Grand Forks bar, provided an open bar for its off-duty employees and guests, resulted in intoxicated patrons.

Insurance Covers Costs (11/16/2017)
An unusual court case in New Jersey has features a shopping center owner attempting to force a tenant to reimburse the center for legal costs.

Passing The Buck (11/2/2017)

Customary Operations (10/19/2017)

Watch Pallet Placement (10/5/2017)

Disabilities Omnibus Case Severed (9/21/2017)

An Event Of Default (9/7/2017)

Sloppy Disabled Access Claim (8/24/2017)

Case Dismissed, But … (8/10/2017)

Items Left Behind Still Stolen (7/20/2017)

Day Late Payment (7/6/2017)

Insufficient Assessment Evidence (6/22/2017)

Wrong Defendants (6/8/2017)

Denials Omitted (5/25/2017)

Definition “Shopping Center” (5/11/2017)

”FAST” Fails (4/27/2017)

”In Good Faith” Dealings (4/6/2017)

Possession of Burglar Tool (3/23/2017)

Slippery When Algae ‑ Continued (3/8/2017)

No Union Dancing, For Now (2/23/2017)

Snake Bitten (2/2/2017)

Which Insurance Company Pays? (1/19/2017)

Case Against the Rules (1/5/2017)

The Open and Obvious Rule (12/22/2016)

Untimely Claim (12/8/2016)

Problems With Duplicative Maintenance (11/17/2016)

Wood vs Steel (11/10/2016)

Consecutive Sentences Affirmed (10/6/2016)

No Common Area Construction (9/22/2016)

Expansion Okayed (9/8/2016)

Watch Your Ramp (8/25/2016)

“Oh, really?” DUI (8/18/2016)

Center Shooting (8/4/2016)

Minimum One Accessible Route (7/21/2016)

IRS and Unsubstantiated Expenses (7/7/2016)

ADA compliance (6/23/2016)

47 Seconds, Not Enough Time for Clean-up (6/9/2016)

Insurance Only Covers Defense (5/26/2016)

Cameras Are Deterrents (5/12/2016)

Property Owner Allowed To Sell (4/28/2016)

Stalker Processed Properly (4/14/2016)

Access For Disabled (4/1/2016)

Ambiguous Lease Not A Guarantee (3/17/2016)

Competitor Approved (2/25/2016)

Co-Tenancy Provision Dispute (2/11/2016)

Parking Fit(ness) (1/28/2016)

I Don’t Need The Police (1/14/2016)

Another Out-Of-Possession Case (12/31/2015)

Flip Flop (12/17/2015)

Employers Cannot Coerce Employees (12/3/2015)

Fair Use of Center Owner’s Photo (11/12/2015)

Public Transit Can Impair Access (10/22/2015)

Case of “Secondary Gain” (10/15/2015)

Expropriated Retailers Had Value (10/1/2015)

Lease Options Ineffective (9/17/2015)

Condemned By Highway (9/3/2015)

Bank Control (8/20/2015)

Tow Justice (8/6/2015)

Gross Rewards (7/23/2015)

Dismissal Denied (7/9/2015)

Own Error (6/25/2015)

A Roadway is “A Roadway” (6/4/2015)

Deceased Win (5/21/2015)

30 For 500 (5/7/2015)

Cell Phone with 99 Year Term (4/23/2015)

Property Valuation Appeal Successful (10/6/2011)

Subtenant “Tenant Rights” Denied (9/22/2011)

Development Brings More Development (9/6/2011)

Gross Receipts Fall, Lease Terminated (8/23/2011)

Lease Requirements Apply to Extensions (8/10/2011)

Teachers vs Taxman (7/27/2011)

Centers Argue
"Too Much Traffic" (7/13/2011)

Open and Obvious Black Ice (6/30/2011)

"No Problem!" Problem? (6/16/2011)

No Vintage Cars, Please (6/2/2011)

Tenant Agreed to Indemnify Shopping Center (5/17/2011)

Church Evicts Dance Studio (5/5/2011)

Pawn Shop Restrictions (4/20/2011)

Can't Hide by Not Registering (4/7/2011)

Sign on the Dotted Line (3/24/2011)

Center Not Responsible For Contractor's Debris (3/9/2011)

Void For Uncertainty (2/23/2011)

Lease Terms Apply to Penalty (2/10/2011)

Lease Terms Don't Apply to Expansion (1/25/2011)

Extension Not Automatic (1/11/2011)

Restaurant Owners Cooked (12/21/2010)

You Can Fight the Property Taxman (12/7/2010)

At Least Try to Mitigate Your Loses (11/16/2010)

Shopping Center VS
Greedy Contractor (10/25/2010)

Abort Closing Sale Ads (10/20/2010)

Free Speech and the Shopping Center (10/4/2010)

Elevator Bites Man (9/28/2010)

"Better Late Than Never"
Not in California (9/22/2010)

Beware of Kiosks (9/15/2010)

Arbitration Trumps District Court (8/6/2010)

Fault Standoff (6/20/2010)

Forever, Whatever (6/6/2010)

Refined Design (5/23/2010)

Criss Cross Confusion (5/3/2010)

Status Quo Prevails (4/25/2010)

Center Fights Roadway Change (4/18/2010)

Positively Adverse Possession (4/11/2010)

Bad Trip Faller’s Fault (4/5/2010)

Inc. Spoils Suit (3/29/2010)

Dry Cleaner's Toxic Leak (3/21/2010)

Planning Board Over-Reaches its Grasp (3/14/2010)

The $33,000 Question (3/8/2010)

No Mulligan for Golf Cart Case (2/21/2010)

Slip-and-Fall Suit Falls on its Face (2/7/2010)

Dark Anchor, Happy Rainbow (2/1/2010)

DEP-System Trumps Objectors (1/24/2010)

Appraising the Situation (1/11/2010)

About Race, About Face (1/3/2010)

Waiving Rights Goodbye (12/20/2009)

Check Back on That (12/13/2009)

The Fall of the...Usher (11/29/2009)

Secret Lease Addendum: Fail (11/22/2009)

Icing Issues (11/15/2009)

What’s Just Compensation? (11/8/2009)

Mall Cops and Minor Crime (11/1/2009)

Who Takes the Fall? (10/25/2009)

Mugging Not Center’s Fault (10/18/2009)

Can’t Reassign a Lease in Default (10/4/2009)

Jerman Fights Cookie Tax (9/27/2009)

You Can't Beat Walmart (9/20/2009)

(Re-) Let it Be (9/13/2009)

A Concession Stand Off (8/30/2009)

Beer-Wine-Drug Combo Nixed (8/23/2009)

Bar None (8/16/2009)

No Proof, No Case (8/9/2009)

Separate Leases, Separate Terms (8/2/2009)

Blight Fight (7/26/2009)

Broker Loses Midas Touch (7/19/2009)

Minor Shoplifting Issues (7/12/2009)

Bad Trip Not Store’s Fault (6/28/2009)

After Hours Death Not Alley’s Fault (6/21/2009)

Paying the Price for Shoplifting (6/15/2009)

Insuring Trouble (6/7/2009)

No Harm, No Foul (6/1/2009)

Plumber in the Hot Seat (5/17/2009)

Transfer=Tax Trouble (5/1/2009)

Too Late for Second Thoughts (4/26/2009)

Free Parking (4/19/2009)

A Sign of Trouble (4/12/2009)

Sad, But Not Fraud (4/5/2009)

Booze Biz Gets Thumbs Up (3/29/2009)

Using The Pessimism Defense (3/22/2009)

Too Late to Remediate (3/16/2009)

New Roof’s No Protection (3/8/2009)

Shortcuts and Abrasions (3/1/2009)

A Taxing Situation (2/23/2009)

Off-Premise Crimes Don’t Count (2/8/2009)

Get it in Writing (2/1/2009)

Overtaxed (1/18/2009)

Giant Faces Down Sam's Club (1/11/2009)

Water Wars (1/4/2009)

Cash or Coupons = Compete (12/20/2008)

Into the Breach (12/13/2008)

Close Enough for Mass. (12/3/2008)

No Bollards, No Problem (11/30/2008)

Murder Unforseeable (11/23/2008)

Under the (Cable) Wire (11/16/2008)

Condemnation – “Value-Subtracted” (11/10/2008)

Fired Up Tenant Loses (11/3/2008)

Confusing Appeal Fails (10/26/2008)

A Good Precedent (10/20/2008)

Easement Not So Easy (10/9/2008)

Shrewd Operator (10/5/2008)

Bad Lot for Cop (9/28/2008)

No-Fault Flood (9/20/2008)

Letting Their Guard Down (9/12/2008)

Not a Whiff of Fraud (9/7/2008)

Not a Good Sign (8/23/2008)

Skate Suit Fails (8/15/2008)

Not A Loan (8/8/2008)

Almost Iced by Petal Politics (8/3/2008)

Successor Claim Fails (7/25/2008)

A Bad Move (7/18/2008)

A Taxing Situation (7/11/2008)

Business Contract, Personal Liability (7/3/2008)

The Hole Truth (6/27/2008)

Reneging, Repercussions (6/13/2008)

Limited Interest (6/5/2008)

Mistaken Assumption (5/30/2008)

Rent-Reduction Rights and Wrongs (5/12/2008)

Suit Thwarted by Ownership Maze (5/9/2008)

No Parking (5/4/2008)

Contractor Loses Blame Game (4/25/2008)

Get it In Writing (4/17/2008)

The Seventy-Five Percent Solution (4/13/2008)

Lease Beats Lawsuit (4/6/2008)

A Killer Question (3/28/2008)

Lawsuit a Trivial Pursuit (3/20/2008)

Center Gets an F for Fraud (3/16/2008)

Park ‘N” Shop (‘N’ Pray) (3/9/2008)

Ironclad Deadline Crushes Tax Plea (3/2/2008)

Hazard a Guess on Slip-and-Fall (2/22/2008)

You Snooze You Lose (2/10/2008)

Drug(store) Overdose (2/3/2008)

State Pays For Wreaking Havoc (1/25/2008)

Bounced Check Pays Off (1/20/2008)

The (Food) Lion’s Share (1/14/2008)

When “As-Is” Stinks (1/4/2008)

Flickering Fixture Fire (12/21/2007)

Timing is Everything (12/14/2007)

Case Weighs Hearsay (12/7/2007)

No Safety Net for Negligence (11/30/2007)

Sublease Pitfall (11/25/2007)

Fee Foe Loses Appeal (11/16/2007)

An Escalating Need for Evidence (11/11/2007)

Blight Costs MO Money (10/18/2007)

Private Entrance (10/14/2007)

TIF Tiff (10/5/2007)

Uneasy Easement (9/30/2007)

Kings Rule: No Protests (9/21/2007)

Take a Hike (Back) (9/15/2007)

Disputing The 5 Percent Solution (9/7/2007)

Slip in Time (8/24/2007)

Getting Into Deptford (8/19/2007)

Parceled Out (8/10/2007)

All’s Well That Ends Well (8/5/2007)

On Omission (7/27/2007)

Lease Theatrics (7/22/2007)

Penney Saved in Slip and Fall (7/15/2007)

Implied Deal Good As Written (7/8/2007)

Gate Not Permitted (6/29/2007)

Security Free (6/22/2007)

A Lot of Obvious Danger (6/15/2007)

It Matters: JV or Partnership? (6/10/2007)

Absolutely Nonrefundable (Or Not) (6/1/2007)

Open and Obvious Danger (5/18/2007)

Seepage, Smells Irk Tenant (5/12/2007)

Doctored Development (5/6/2007)

Nice Try, But No Dice (4/29/2007)

A Taxing Situation (4/21/2007)

Water: Slippery When Wet (4/15/2007)

Snafu Burns Payless (4/8/2007)

Define “Act” (4/1/2007)

Wal-Mart Foes Grasp at Straws (3/25/2007)

Easement Argument (3/16/2007)

Dueling Duties: Look vs. Care (3/11/2007)

Small Pond, Big Problem (3/4/2007)

Inconvenient, Not Harrassment (2/25/2007)

The Holdover Clause (2/11/2007)

It’s Not Easy Being Green (2/4/2007)

"Unhealthy" Claim Just a Lot of Hot Air (1/28/2007)

In The Zone (1/21/2007)

Trucked-Up Property (1/6/2007)

Up on the Rooftop... (12/17/2006)

Rework Won’t Work (12/10/2006)

Mall: No Slip and Fall Fault (12/3/2006)

Implied Duty Rates Worker’s Comp (11/26/2006)

Objections Arbitrary, Capricious, Unreasonable (11/17/2006)

MA Sets Snow Rules for TX (11/10/2006)

Move Out, Pay the Price (11/5/2006)

Liable Only in Theory? (10/28/2006)

DOT on Target (10/19/2006)

Snow Fall (10/15/2006)

Perpetual Motion (10/8/2006)

Consistent, If Not Compatible (10/1/2006)

An Earnest Dealbreaker (9/24/2006)

Encroachment Power Play (8/27/2006)

Donation Solicitation (8/20/2006)

Still Enough to Convict (8/13/2006)

Falling in Memphis (8/6/2006)

Condemnation On Token Payment (7/30/2006)

Fired Up Over Destroyed Evidence (7/23/2006)

Burden of Proof (7/14/2006)

Excuses Not Reasons (7/7/2006)

Addressing Exclusivity (7/2/2006)

Lease Trumps Late Pays (6/23/2006)

Wal-Mart Not to Blame (6/18/2006)

Shoprite In Wrong (6/11/2006)

Can’t Get Around Access Limit (6/4/2006)

Lease Gets More (5/19/2006)

A Taxing Situation (5/12/2006)

Prudence and the Signage (5/5/2006)

Sales=Tax Value? (4/29/2006)

Talking Trash (4/21/2006)

Ailing Mall Wins Tax Break (4/16/2006)

Bad Tenant Troubles (4/9/2006)

Foreseeability Key (4/2/2006)

For Eyes (3/26/2006)

Warning: Fallen Warning Sign (3/18/2006)

Mall Walk Like A Walk in the Park (3/11/2006)

Not Spot Zoned (3/5/2006)

Drive-Through Decision (2/25/2006)

Fall’s Faller’s Fault (2/12/2006)

Verdict: Not Liable (2/5/2006)

Fight Off the Clock (1/29/2006)

Waffling on Lease Terms (1/20/2006)

The 10 Percent Solution (1/7/2006)

Center’s Neighbors Demand Demolition (12/30/2005)

Property Appreciation (12/18/2005)

“Extended Premises” Has Limitations (12/11/2005)

Can’t Court-Order Permits (12/3/2005)

Re-Appraising the Situation (11/19/2005)

Cart Suit Crumbles (11/13/2005)

Renew or Renege? (11/6/2005)

Misty and Dim...Slip and Fall (10/30/2005)

Why Sue Dillard's? (10/23/2005)

Store Couldn’t Foresee Attack (10/16/2005)

Guilt By Association (10/9/2005)

Not Nice But Not Unlawful (10/2/2005)

A Series of Unfortunate Events (9/22/2005)

In Fire, Who’s To Blame? (9/18/2005)

Amendments, Arguments (9/9/2005)

Perc Costs Big (8/26/2005)

Tenant Can’t Have It Both Ways (8/21/2005)

Rape Unforeseeable (8/14/2005)

Post-Traumatic Worker’s Comp (8/7/2005)

Fire! (7/31/2005)

A Taxing Situation (7/24/2005)

Security Saves the Day (7/15/2005)

Contractor Loses on Technicality (7/10/2005)

Defining Noncompete (6/26/2005)

OH Says No to Trip and Fall (6/19/2005)

He Who Hesitates (6/12/2005)

Bikes, Automobiles, and Shopping Centers (6/5/2005)

Prove It! (5/21/2005)

Can’t Sue Over Optical Illusion (5/14/2005)

One’s Man’s Blight… (5/8/2005)

Lots of Work (4/24/2005)

Do Wal-Mart Coolers Violate Lease? (4/17/2005)

Unlit Light Costs Center (4/10/2005)

Tenant Shalt Not Go Dark (4/3/2005)

Greenland Loses Zoning Battle (3/27/2005)

Six Year Mistake (3/20/2005)

9/11 Tax Break (3/13/2005)

Disputed Cleanup Compromise Ruled Fair (3/6/2005)

Environmentalism…or Elitism? (2/27/2005)

Playing the Percentages (2/13/2005)

Aloha Solicitors (1/28/2005)

Lease Shell Game (1/23/2005)

Refereeing a Referendum (1/16/2005)

Anchors Away! (But Rents Go On) (1/9/2005)

Fry Suit Won’t Fly (12/18/2004)

Nugget No Longer Lawyers’ Goldmine (12/12/2004)

A Lot's Not Covered (12/4/2004)

Barefoot Man Must Be ‘Shooed’ (11/19/2004)

Free Speech or Trespass? (11/14/2004)

Common Charges Through the Roof (11/7/2004)

Weather or Not Fines OK (10/31/2004)

Can't Grandfather Noncompete (10/24/2004)

Whose Fault Is Assault? (10/10/2004)

Late? Later! (10/3/2004)

Missing Million A Tip-Off (9/26/2004)

Lawyer’s Plan a Lose, Lose (9/19/2004)

Washed Up Laundry Costs Big (9/12/2004)

Mall Makes Simple Aggravated (8/27/2004)

Nordstrom’s Defining Moment (8/22/2004)

Alcohol and Logic Clearly Don’t Mix (8/15/2004)

Wal-Mart Rebuked for Citizen Arrest (8/8/2004)

Security Protects Mall (8/1/2004)

Taxes Based On Outlet Income (7/25/2004)

Center Bears Some Assault Fault (7/18/2004)

Can’t Sue for Snow (7/11/2004)

Developer Hopes Dashed By DelDOT? (6/27/2004)

Slip and Mall (6/20/2004)

Sugarcreek Sour At Wal-Mart Win (6/13/2004)

Labor Pains (6/6/2004)

Lack of Appeal Hurts Claimant (5/23/2004)

When Can a Contract Expand? (5/16/2004)

Re-Zoning Out (5/7/2004)

MA Sides With Property Owner (5/2/2004)

Cited for Breach of Lease (4/23/2004)

Mission: Responsible (But Not Much) (4/18/2004)

Phased Out (4/9/2004)

Insuring Security (4/4/2004)

Common Sense -- Not Common Area (3/28/2004)

Goof Won’t Amount to Much (3/21/2004)

Environmental Concerns Just Hot Air (3/14/2004)

Association is Meadowlark 'Lemon' (3/6/2004)

Lift Fault Falls on Store (2/20/2004)

Store Can Close in Erie Case (2/8/2004)

Developer Tripped Up in Ownership Shuffle (1/30/2004)

Protests Protested at Strip Club (1/25/2004)

Detail of Buyer’s Remorse (1/11/2004)

End Justifies Means (1/5/2004)

Can’t Sober Up Here –
Even At Midnight (12/19/2003)

“De” Fence and Offense (12/14/2003)

Donut Cannot Overburden Easement (12/7/2003)

Center Has the “Blight” Stuff for Aid (12/3/2003)

Lot of Dispute Over “Free Ride” (11/23/2003)

Negotiating LA Law (Louisiana Law, That Is) (11/16/2003)

Office Unwelcome By Retail Neighbors (11/10/2003)

Condemnation Award A Win-Win for Winn-Dixie (11/2/2003)

May Triumphs Over AZ Tax (10/26/2003)

Zoned Out (10/19/2003)

Potential Phone-y Premise for Lawsuit (10/12/2003)

Bargain Basement (10/5/2003)

An Ice Deal for Wal-Mart (9/28/2003)

Highway Decision Makes Merchants Walk Unhappy (9/16/2003)

Not Everything is a Landlord's Fault (9/6/2003)

Ambiguity is an Ambiguous Concept (8/22/2003)

Wal-Mart Wins on Technicality (8/17/2003)

Err…Not in this Case (8/10/2003)

Center Burned by Shorting Circuit (City) (8/4/2003)

The Safety Dance (7/28/2003)

The $250,000 Question (7/20/2003)

When Easements Aren't Easy (7/13/2003)

Old Law Spells Big Tax Break (7/7/2003)

Police Protection (6/26/2003)

Being Squeaky Wheel Won’t Fix Leaky Roof (6/22/2003)

Curses! Foiled by Master Plan (6/8/2003)

Definition of Similar Stretches Only So Far (6/1/2003)

Erie Zoning Ruling a Nightmare for C-Store (5/14/2003)

If At First You Don’t Succeed…Appeal, Appeal Again (5/11/2003)

Say “Cheese” (5/4/2003)

Landlord Escapes Getting Taken to the Cleaners Over Fall (4/27/2003)

Questioning Champion’s Value (4/18/2003)

Iron-Clad Guarantee (4/11/2003)

Case Just a Stab in the Dark (4/6/2003)

Uneasy Street (3/30/2003)

Finders Keepers…Finally (3/21/2003)

A Taxing Situation (3/7/2003)

Just An Agreement to Agree (3/2/2003)

Public Land / Private Venture (2/21/2003)

Slips Happen (2/17/2003)

Details Win (and Lose) the Case (2/9/2003)

Objections Over-ruled: Booze-to-Go Ok’d (1/28/2003)

Ramp Rules Rule (1/16/2003)

Biloxi Blues for Booted Tenant (1/6/2003)

"One Time Right" Ruled Wrong (12/30/2002)

Without a Lease, Case is Academic (12/16/2002)

Spacing Deadline Means Losing Space (12/11/2002)

Right is Right…But Not an Obligation (12/2/2002)

Monument Clause Rock Solid (11/26/2002)

Shell Game Tricks No One (11/13/2002)

The High Cost of Malice (11/4/2002)

Slippery When Wet (10/28/2002)

Zoning Out (10/21/2002)

Burned Out But Still Responsible (10/14/2002)

Billboard to Distraction (10/7/2002)

Act in Haste, Repent $30 Grand (9/24/2002)

You Goof, You Lose (9/19/2002)

Snow Problem (8/19/2002)

Owner Gets Taken to the Cleaners (8/12/2002)

Was Mis-step Mall’s Mistake? (8/5/2002)

Talking in Circles (7/29/2002)

Fatal Obstructions (7/24/2002)

Western Auto Nearly Driven Out of Lincoln – for $100 (7/16/2002)

No Soliciting…At Least Once in a While (7/8/2002)

We Are Not Amused (7/1/2002)

Zoning Argument All "Whet" (6/24/2002)

Not Ideal But Not to Blame (6/10/2002)

Bond. Invalid Bond (6/3/2002)

Independent Contractor Gets Shock – Twice (5/28/2002)

Actual Size May Vary (5/24/2002)

Character Assassination Not Covered By Worker’s Comp (5/13/2002)

Widewaters Stillwater vs. Stream and Marsh (5/6/2002)

"Walk-Through" Inventory "Walks Out" (4/29/2002)

No Putting Price On Potential Profits (4/24/2002)

Less is Not More But Lease is Enough (4/15/2002)

Taking the Offensive (4/7/2002)

Tenant Dragged Back to Summit (4/1/2002)

Mervyn’s Caught on Indemnity Clause (3/25/2002)

Everyone Wants A Pizza The Action (3/18/2002)

Caveat Emptor (3/11/2002)

Even Wal-Mart Can’t Stop the Rain (3/4/2002)

Cutting Out the Middle Man (2/25/2002)

Wingtip Gets Booted at Last (2/19/2002)

Sharing an Interest (2/4/2002)

Playing the Percentages (1/28/2002)

Vague Lease Leaves No One Happy (1/22/2002)

Wal-Mart Wins Corny Decision (1/14/2002)

No Getting Around "No-Build" (1/7/2002)

Neighbor’s Control Drains Away (1/2/2002)

Handy Tandy Guarantee (12/18/2001)

Defining Character (12/10/2001)

Hurt Kid Not Pilsen’s Problem (12/5/2001)

Overeager Security Leads Lenox to Court (11/19/2001)

Respect Everyone’s Rights And Everyone’s Right (11/12/2001)

Battle in Lebanon (11/5/2001)

Nice Try but No Go (10/22/2001)

Who Pays for $7,500 Slip? (10/15/2001)

Calendar Confusion (10/8/2001)

"Mainely" Back Nonconformists (10/1/2001)

Free Bonus (9/24/2001)

Shell Game (9/17/2001)

Please Remain Seated in Theater (9/4/2001)

Tripping on a Skipped Step (8/27/2001)

Familiarity Breeds Contempt (8/20/2001)

An Interest-ing Decision (8/6/2001)

Hey, Who Knew? (7/30/2001)

Identity Crisis (7/25/2001)

Between a Little Rock and A Hard Place (7/16/2001)

Foresight is Forearmed (7/9/2001)

Burn Out (7/2/2001)

If Not Fully Satisfied….You’re Out of Luck (6/25/2001)

Cool Deal (6/14/2001)

Red Light….Green Light (6/4/2001)

Lien on Me (5/29/2001)

The Tax Man Cometh (5/21/2001)

Horse of a Different Color (5/14/2001)

Escape from Leavenworth (5/7/2001)

Ignorance is Bliss (4/30/2001)

Fair Game (4/23/2001)

Opt In…Opt Out (4/17/2001)

Part and Parcel (4/9/2001)

Life May Be a Cabaret but NIMBY (4/2/2001)

History Buys Only So Much Protection (3/20/2001)

Hard Luck Tenant Day Late and a Dollar Short (3/9/2001)

Finders Keepers (3/2/2001)

A Stabbing Pain (2/16/2001)

Dangers of Trippin’ on Pot(holes) (2/5/2001)

Little Caesar Came, Saw, Conquered Increase (1/29/2001)

Or Was That an Agreement to Agree to Agree? (1/9/2001)

A Deli Does Not a Forum Make (12/27/2000)

Salvaging the Situation (12/15/2000)

Sign of the Times (12/1/2000)

Seizure Condition (11/28/2000)

An Ice Decision (11/6/2000)

Slippery Argument Spins its Wheels (10/30/2000)

Wal-mart Ducks Abduction Case (10/23/2000)

Insecurity vs. Outside Security (10/13/2000)

The $360,000 Question (10/9/2000)

Zoning Out (9/22/2000)

A Slippery Situation at Sam’s (9/17/2000)

OR Not to Smoke (At Least While They Shop) (9/8/2000)

Leaflet and Let Be (8/31/2000)

Just the Fax Will Do (8/24/2000)

Left Hanging (8/18/2000)

First: Buy Land (8/11/2000)

Smoke Screen (8/3/2000)

Offsite Parking Incites Opponents (7/28/2000)

An Appealing Decision (7/20/2000)

Insecurity Complex (7/14/2000)

The “Hole” Story (7/6/2000)

Man vs. Mannequin (6/30/2000)

"MO" Money, "MO" Money… (6/22/2000)

Doing the Double Dip a Don’t (6/16/2000)

Fraud Claim Is Half-Baked (6/9/2000)

Real "Strip" Center Can’t Be Grandfathered (6/2/2000)

Insolvent, Not In the Street (5/26/2000)

Nutley Tenant Hangs On Through Ownership Shuffle (5/19/2000)

Lack of Security at Centre of Problems (5/12/2000)

Familiarity Breeds Contempt (5/5/2000)

Lots of Anger - Road Rage at a Dead Stop (4/28/2000)

Should Have Been Squeaky Wheel About Leaky Roof (4/21/2000)