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December, 2005
Volume 8, Issue 3

(Get a printer-friendly version)

Buckingham, Doolittle & Burroughs’

Real Estate & Construction Practice Group presents Build On This

In this edition of Build On This, we are pleased to provide brief summaries of significant court cases and legal developments affecting real estate and construction, and two feature articles.  The first article discusses Senate Bill 162, and the second article is about environmental due diligence.  The Real Estate & Construction practice group is pleased to announce its new web blog, Build on This.com, which provides current information on Real Estate & Construction law.  As always, we welcome your opinions and feedback.  Thank you.

Case SummarieS

To preview the Case Summaries, click Here:  CASE SUMMARIES

Real Estate Cases

State ex rel. Groffre Invest. v. Nimishillen Twp. Trustees, 2005-Ohio-5821 (District 5, Stark County)

Appropriation, taking by flooding, mandamus

 

Reeder v. Frey, 2005-Ohio-5853 (District 8, Cuyahoga County)

Fraud, disclosure of defects, home sale

 

Brown v. Painesville Twp. Bd. of Zoning Appeals, 2005-Ohio-5608 (District 11)

Zoning, variance, unnecessary hardship

 

Springfield v. Gross, 2005-Ohio-5527 (District 2)

Appropriations Case

 

Norwood v. Burton, 2005-Ohio-5720 (District 1)

Appropriations Case

 

Construction Cases

C.J. Mahan Constr. Co. v. Mohawk Re-Bar Serv., 2005-Ohio-5427 (District 5, Stark County)

Prompt Pay Act

 

R.T. Builders, Inc. v. Granger, 2005-Ohio-6043 (District 7)

Residential Construction Dispute

 

Mills v. Rusk Industries, 2005-Ohio-5884 (District 6, Sandusky County)

Stay of Arbitration

 

Smith v. Hall, 2005-Ohio-5789 (District 5, Stark County)

Home Solicitation Act, Attorney's Fees

 

 

 

FEATURE ARTICLES

Senate Bill 162 and How It Affects You

 

By: Brent D. Rosenthal

 

John P. SlagterA sweeping new law introduced in July, Senate Bill 162, will strengthen Ohio’s Mortgage Loan Law, Mortgage Brokers/Loan Officers Law, Consumer Credit Mortgage Loan Law, and Consumer Sales Practices Act in an attempt to protect homebuyers.  The new law also provides greater penalties for violations against the elderly and handicapped.

 

To read more on this feature article, click here FULL STORY.

 

 

 

Rules for Conducting Environmental Due Diligence

 

By: William L. Caplan and David J. Hrina

 

John P. SlagterOn November 1, 2005, the United States Environmental Protection Agency (“U.S. EPA”) issued a Final Rule entitled “Standards and Practices for AllJohn P. Slagter Appropriate Inquiries.”  The U.S. EPA has for the first time adopted rules regarding environmental due diligence.  The Final Rule impacts all purchasers of real property who desire to claim one of the defenses to liability under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”).  The purpose of this Article is to alert the reader to the Final Rule, and its anticipated consequences.

 

To read more on this feature article, click here FULL STORY.

 

 

 

WELCOME NEW ATTORNEYS

Heather D. Gregg, Esq.

Buckingham ColumbusSM

614.629.5703

hgregg@bdblaw.com

Buckingham, Doolittle, & Burroughs, LLP is proud to welcome Heather D. Gregg to the Real Estate & Construction Practice Group.  She is an Associate resident in the Columbus office. 

Before joining the law firm, Ms. Gregg was an associate at Thompson Hine LLP.  She represented clients in the acquisition, disposition, and development of commercial real estate, including drafting and negotiating commercial, industrial and residential purchase agreements, restrictive covenants, easements and related documents, review of surveys and title work, review of closing statements, and closing transactions.   Ms. Gregg has also worked with borrowers and lenders in commercial financing transactions, with a particular focus on Freddie Mac multifamily financing transactions, including drafting and negotiating loan documents.  She has handled real estate litigation issues, including drafting pleadings, attending pre-trial conferences, and conducting and defending depositions.

Ms. Gregg earned her J.D., summa cum laude, in May 2001 from Capital University Law School.  In addition, she received her B.A. in Criminology from The Ohio State University in 1997.  Ms. Gregg is a member of the Ohio and Columbus Bar Associations.  She is also a committee member of the Commercial Real Estate Women.

 

 

KUDOS__________________________________________      

 

Congratulations to Donald B. Leach, Jr. (Buckingham ColumbusSM) for being elected to the Upper Arlington City Council.  Mr. Leach has been involved with the electoral/political process for many years.  Prior to receiving his legal degree, he was a legislative assistant to the President of the Ohio Senate, and he has been the long time Treasurer for both the Columbus and Upper Arlington School Levy Campaigns.

 

 

 

Henry I. Reder (Buckingham ClevelandSM) has been elected president of  AIA Ohio, a Society of the American Institute of Architects for 2006.  In his role as president, Mr. Reder will represent AIA Ohio at national AIA events, set the agenda for the year, oversee board meetings and appoint committee chairs. An attorney in the firm’s Cleveland office, Mr. Reder served as the AIA Ohio secretary during 2003 and 2004 and as president-elect in 2005. Previously, he was president and on the board of directors for AIA Cleveland, earning the President’s Award for Outstanding Service in 2001.

 

 

 

Brent D. Rosenthal (Buckingham ColumbusSM) wrote an article for the October Business First issue.  The article involves eminent domain and the Kelo v. City of New London decision decided by the United States Supreme Court.

 

 

 

 

 

John P. Slagter (Buckingham ClevelandSM) received the "Associate Supplier of the Year" award from the Home Builders Association of Portage and Summit Counties.  He was honored for his voluntary work in assisting the association with drafting their form contracts.  Mr. Slagter also wrote an article for the October issue of Properties Magazine, Inc.  The article is entitled, "Development in Commercial Real Estate Taxation."

 

 

 

Erin Wojno (Buckingham ColumbusSM) recently passed the federal bar.  She is now admitted to practice in the U.S. District Court, Southern District of Ohio.

 

 

 

 

 

 

David W. Woodburn (Buckingham AkronSM) wrote an article for the September issue of Properties Magazine, Inc.  His article is entitled, "Energy Tax Incentives Act of 2005."  Mr. Woodburn and David J. Lindner (Buckingham ClevelandSM) wrote an article for the November, 2005 issue of Properties Magazine, Inc.  The article is entitled, "Tax Valuation Challenges--What is a Condominium Association to Do?"

 

 

 

 

SPEAKING OUT__________________________________

 

Save the Date – Upcoming Presentations:

February 3, 2006 - Donald B. Leach, Jr. (Buckingham ColumbusSM) will be presenting to the Columbus Bar Association, Real Property Institute.  Also, on February 9, Mr. Leach will be speaking at a National Business Institute sponsored seminar.  The topic will be "Mechanics' Liens:  Boon and Bane of Ohio Construction."

 

January 25, 2006 - Henry I. Reder (Buckingham ClevelandSM) will present "Liability of Design Professionals" to a joint meeting of the Construction Specification Institute and American Institute of Constructors.  On February 16, Mr. Reder will also discuss "Architectural Liability" to the Cleveland Chapter of the American Institute of Architects.  Finally, on March 29, he will make a presentation to the Subcontractors Association of Northeastern Ohio on "Legal Issues Critical to Subcontractors."

 

 

Out and About – Recent Presentations:

Rana M. Gorzeck (Buckingham BocaSM) spoke to the American Women's Society of CPA's about "Real Estate Trends in Florida" at the Tower Club in Fort Lauderdale.

 

Robert A. Hager (Buckingham ClevelandSM) presented at the All Crane Annual General Managers Meeting.  His topic was "Proper Documentation of Construction Claims."

 

Donald B. Leach, Jr. (Buckingham ColumbusSM) spoke at The Builders Exchange of Central Ohio.  His topic was "Ohio Mechanics' Lien Law:  The Hows and Whys of the Paperwork."

 

Henry I. Reder (Buckingham ClevelandSM) made presentations on "Examining Different Project Delivery Methods" and "Properly Addressing Changes and Extras" a seminar on Building a Foundation for Managing Complex Construction Law Issues in Ohio by the National Business Institute.

 

John P. Slagter (Buckingham ClevelandSM) presented at the Cleveland Bar Association Real Estate Law Institute.  His topic was "Eminent Domain:  An Examination of the Kelo Case and Others, and Their Impact on Development in Urban Settings."  Mr. Slagter also spoke at a Lorman Education Services sponsored seminar with Mark F. Craig and Alan P. DiGirolamo.  The seminar was on "Construction Lien Law in Ohio."

·  



If you are interested in obtaining information on upcoming seminars or would be interested in having speakers from Buckingham, Doolittle & Burroughs, LLP make a presentation to your organization, please contact: Lorna J. Henderson, Client Relations Administrator at lhenderson@bdblaw.com or 800.686.2825 ext. 86473.

www.bdblaw.com
1.800.686.2825 - Buckingham Akron SM  www.akron-lawyers.com
1.800.682.2825 - Buckingham Boca Raton SM  www.bocaraton-law-firm.com
1.888.811.2825 - Buckingham Canton SM
1.888.843.2825 - Buckingham Cleveland SM
1.888.686.2825 - Buckingham Columbus SM   www.columbus-law-firms.com

Real Estate & Construction Web Blog  http://buildonthis.com/

Build On This contains articles delivered as a free service from the Law Firm of Buckingham, Doolittle & Burroughs, LLP (BDB) to make clients and friends aware of legislative changes and laws affecting their businesses and personal lives.  If you enjoy reading Build On This, please tell a friend or colleague.  The Build On This is sent only to subscribers who have requested it. Anyone can sign up for a free subscription or view prior Build On This  by visiting our web site at http://www.bdblaw.com/newpublications.asp.

To change where you receive Build On This, please e-mail us at mlaster@bdblaw.com.

If you have received this message in error and wish to be removed from future Build On This mailings, reply to this message and indicate “REMOVE” in the subject field.

BDB also publishes Workfor$e, an Employment Law newsletter, Advisor, which is a general newsletter that addresses a variety of law practice areas, BDB Health & Medicine Reporter, geared towards professionals in the health care industry, and several Special Alert publications that cover changes in laws which may affect our clients.

The material appearing in future Build On This newsletters is meant to provide general information only and not as a substitute for legal advice.  With regard to specific law issues, readers of this newsletter should seek specific advice from legal counsel of their choice.

In some jurisdictions, this newsletter may be considered advertising. The hiring of a lawyer is an important decision that should not be based solely upon written information about our qualifications and experience.  Before you decide, ask us to send you free written information about our qualifications and experience.  Buckingham, Doolittle & Burroughs, LLP has endeavored to comply with all known legal and ethical requirements in compiling this newsletter.  Buckingham, Doolittle & Burroughs, LLP does not desire to represent clients based on their review of any portions of this newsletter that do not comply with legal or ethical requirements.

This article may not be reprinted without the express permission of Buckingham, Doolittle & Burroughs, LLP © 2005.

 

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