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August, 2005
Volume 8, Issue 2

(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 introduce a new format for our real estate and construction newsletter.  As you will note, the newsletter now provides brief summaries of significant court cases and legal developments affecting real estate and construction, and a feature article.  As always, we welcome your opinions and feedback.  Thank you.

Case SummarieS

To preview the Case Summaries, click Here:  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

 

John P. SlagterBy 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.

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

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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