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Case SummarieS
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CASE
SUMMARIES
Real Estate Cases
Conditional Use
Permit - Incomplete Application
Foreclosure On Unrecorded Mortgage
Prescriptive Easement Not Lost by Request for
Permission
Regulatory Taking Test Amended
Real Estate Tax Rates
Commercial Activity Tax
Construction Cases
Arbitration - Inadequate Construction Project Funding
Architect Liability/Parties to Contract
Architect/Subcontractor Liability for Equipment
Lost Profits for Improperly Rejected Bid
Substantial Completion and Payment Under
Construction Contract
Surety Obligations Under Modified Payment Terms
FEATURE ARTICLE
U.S. Supreme Court Decides Landmark Eminent Domain Case
By:
John P.
Slagter
By
now you should have heard that the United States Supreme Court
decided the case of Kelo v. City of New London. In a
5-4 decision, the majority of the Court (consisting of
Justices Stevens, Kennedy, Souter, Ginsberg and Breyer) held
that local governments may seize an individual’s home or
business for private economic development. The Kelo
case has been hailed as one of the most important eminent
domain cases to reach the Supreme Court. This case has
created a tremendous amount of controversy from property
rights advocates who believe that this power will be abused.
To read more on this feature article, click here
FULL
STORY.
KUDOS__________________________________________
Congratulations to
Donald B. Leach, Jr. (Buckingham
ColumbusSM)
for being
named as one of
Ohio’s leading construction law attorneys in the 2005
edition of Chambers USA. Chambers USA Guide is unlike any
other US legal directory. No attorneys are included unless
they are strongly recommended by the market. Chambers has
over 30 full-time researchers investigating the
reputations of leading lawyers throughout the world to
produce a global directory. In addition to the global and
USA guide, they also focus on the United Kingdom to a
produce similar guide to the legal profession.

The
Firm
is pleased to announce that
Mark F. Craig
and
Grant M. Yoakum
(Buckingham
ClevelandSM)
have been recognized as rising stars in their areas of
practice and are listed in the 2005 edition of Super
Lawyers Rising Stars®. Mr. Craig was listed under
Construction/Surety and Mr. Yoakum was listed under Real
Estate & Construction.
SPEAKING OUT__________________________________
Out
and About – Recent Presentations:
On May 5, 2005,
Edward V. Buehrle and
David W. Woodburn (Buckingham AkronSM)
spoke to the Akron Area Board of Realtors Commercial and
Industrial Forum. Ed’s topics included what an
attorney is looking for from the broker and what the
broker should expect from an attorney, and how to make
letters of intent work for you. David discussed the key elements that an attorney looks for
when reviewing contracts and leases.
On May 20, 2005,
Donald
B. Leach, Jr.
(Buckingham
ColumbusSM)
presented at the OSA, Ohio Structural Steel
& Architectural Metals Association. His topic was
"Avoiding Contract Pitfalls." Also, on June 7, 2005,
Mr. Leach spoke to The Builders Exchange of Central Ohio.
He discussed "Ohio Mechanics' Lien Law: The Hows and
Whys of the Paperwork."
On June 21, 2005,
John P.
Slagter
(Buckingham
ClevelandSM),
spoke at the Advanced Zoning and Land Use In Ohio seminar
presented by Lorman Education Services. His topics
were "Impact Fees" and "Update On Township Zoning Law."
Also, on July 26, 2005, Mr. Slagter presented at the Real
Estate Section Luncheon of the Cleveland Bar Association.
He discussed H.B. 175.
·
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.
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