News & Analysis as of

Real Estate Development Appellate Courts

Bilzin Sumberg

Par for the Course: Third District Court of Appeal Sets Condos Further Back with Revised Biscayne 21 Opinion

Bilzin Sumberg on

​​​​​​​On July 10, 2025, the Third District Court of Appeal issued a revised opinion in Avila v. Biscayne 21 Condominium, Inc. The revised opinion comes almost a year and a half after the Court's initial ruling, which...more

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

Smith Anderson on

In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Runoff/Residential Development: Arkansas Court of Appeals Addresses Jurisdictional Issue

The Court of Appeals of Arkansas (“Court”) addressed in a May 14th Opinion a jurisdictional dispute involving alleged residential development stormwater runoff issues. See Centofante, et al. v. Ferguson, 2025 WL 1386368. ...more

McGuireWoods LLP

Virginia Court of Appeals Overturns Arlington Missing Middle Decision

McGuireWoods LLP on

On June 24, 2025, the Virginia Court of Appeals overturned the Circuit Court of Arlington County’s decision invalidating Arlington County’s Expanded Housing Option (EHO) ordinance, commonly known as the “Missing Middle”...more

Ballard Spahr LLP

Arizona Supreme Court Expands Just Compensation Rights in Eminent Domain Case

Ballard Spahr LLP on

In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...more

Kaufman & Canoles

Title Insurance Client Alert - Virginia Court of Appeals Affirms Injunction to Remove Objects from Granted Easement Area

Kaufman & Canoles on

Yesterday, the Court of Appeals of Virginia issued a significant opinion in Thibault Enterprises, LLC v. David A. Yost, et al., Yost Living Trust, a case involving a dispute over a 50-foot granted easement for ingress and...more

Greenbaum, Rowe, Smith & Davis LLP

NJ Appellate Division Reverses Certain Radburn Regulations Impacting Community Associations

On February 23, 2024, the Superior Court of New Jersey Appellate Division issued its opinion in a case involving regulations promulgated by the New Jersey Department of Community Affairs (DCA) – commonly referred to as the...more

Troutman Pepper Locke

Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

Troutman Pepper Locke on

The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are...more

King & Spalding

Georgia Appellate Court Rejects All Fee Non-Disclosure Claims Against Multifamily Lender

King & Spalding on

On February 21, 2023, the Georgia Court of Appeals awarded multifamily real estate lender ORIX USA (and its affiliates) a complete victory in a decision affirming in part and reversing in part a summary judgment ruling...more

Perkins Coie

Bond Properly Required for Challenge to Affordable Housing

Perkins Coie on

A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court’s order requiring it to post a bond. The Court of Appeal rejected plaintiff’s contentions...more

Snell & Wilmer

Colorado Court of Appeals Places Significant Implied Warranty Liability on Residential Developers and Builders

Snell & Wilmer on

The Denver housing market has been hot for years. An influx of residents, low housing inventory, and rising home prices make Denver a good choice for residential builders and developers. However, this past November, the...more

Shutts & Bowen LLP

Objecting to a Real Estate Project in Florida Carries a Risk of Liability

Shutts & Bowen LLP on

By refusing to hear an appeal of a decision by a Florida appellate court, the US Supreme Court effectively sided with a developer who won a multi-million judgment against someone who tried to undermine the developer’s...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide