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Case SummarieS
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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
 A
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
 On
November 1, 2005, the United States Environmental Protection
Agency (“U.S. EPA”) issued a Final Rule entitled “Standards
and Practices for All
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.
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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.
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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
Columbus SM) 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."
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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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