2008 DAILY DEVELOPMENT FILES

JANUARY

• 01/11 Reliving your life when your client turns on you!!!
• 01/14 Editor now turns on closers and title examiners - should privity limitations be preserved?
• 01/15 New case on title insurer liability to relying plaintiffs not in privity
• 01/17 Can sophisticated parties waive damages claims for ANY breach of lease - leaving only equitable remedies and arbitration? Any???
• 01/18 Letter of Credit Guarantee may not qualify for contribution against personal guarantors - draft around it!!!
• 01/22 purposes of registered title, knowledge of line and poles on land does not constitute "actual knowledge" to destroy "good faith" of purchaser relying on certificate to show no easement
• 01/24 Although grantor wouldn't have given deed had he known it was irrevocable by law, the delivery is still good.
• 01/25 "No business" rule bars big, licensed neighborhood child care, but not small, unlicensed ones
• 01/28 What must condemnor do to "negotiate in good faith?"

FEBRUARY

• 02/01 Can you challenge ONLY the land appraisal part of a tax appraisal of an improved parcel?
• 02/05 Do water appropriation rights obtained by lessee revert to lessor at lease end?
• 02/06 Can lessee of service station, terminated on account of pending condemnation, share in condemnation award under the Fifth Amendment? How 'bout under Petroleum Marketing Practices Act?
• 02/08 Antitrust issues when tenants "go dark aggressively"
• 02/09 DIRT's first oil and gas lease interpretation
• 02/11 Six years of planted trees can terminate area of easement where they're planted.
• 02/12 Latest RLUIPA conundrum: mixing temples and taverns

APRIL

• 04/01 May Court Constitutionally construe an "Act of God" clause, and what happens if it can't?

JUNE

• 06/30 Tenant preserves parking rights despite "changed circumstances" argument based on modern shopping center design.

JULY

• 07/01 Can landowners collect "stigma" damages when they have suffered no loss of use or physical damage?
• 07/02 Joint Tenancy Severance Gets Easier and Easier.