On June 15, 2020, the Supreme Court of the United States issued a landmark decision in Bostock v. Clayton County, Georgia, holding that an employer who fires an individual based on the individual’s sexual orientation or gender identity violates the
Real Estate & Construction
Suit Challenging Interpretation of Tentative Map Conditions Was Not Time-Barred
Nicholas Honchariw’s battles with the County of Stanislaus over his 9-lot subdivision have now resulted in a fourth published appellate decision. (See our prior reports, County Violates California’s Anti-NIMBY Law by Rejecting Housing Project With No Affordable Units; No…
Marriage of Mullonkal & Kodiyamplakkil – Family Code 2641 Requires Reimbursement to the Community for Separate Debt Payments During Marriage
A Court-Side Seat: Waters, Walls and Pipelines
Several interesting decisions have recently been made by federal and state courts.
FEDERAL APPELLATE COURTS
The U.S. Seventh Circuit Court of Appeals – ARCO Shifts from State to Federal and No Vigor for VIM
On June…
Beware the “One Year” Warranty: Contractor Callback Periods v. Warranties of Quality Work
Contractor “callback periods” and “warranties of quality” are different concepts. The distinction between them is a little understood – yet very important – nuance in construction contracts.
Callback periods frequently do have a contractual expiration date, often one year after…
Watch Your Stipulation! Award Confirmed Despite Arbitrator Exceeding Contractual Scope of Authority
Once parties agree to arbitrate, courts generally defer to the arbitrator’s judgment regarding resolution of a dispute. The prevailing approach in many states is to not set aside an arbitration award unless the arbitrator clearly exceeded his or her authority…
HUD Charges Wisconsin Property Owner/Manager with Disability Discrimination Related to an Assistance Animal
Pursuant to a release issued last week, the U.S. Department of Housing & Urban Development (HUD) stated it charged the owner and manager of apartment homes in Wisconsin with housing discrimination for allegedly refusing to rent to two individuals because…
To Purchase of Realty Encumbered by Long-Term Leasehold, California Court of Appeal Concludes Transfer Tax Not Applicable
By Pillsbury’s Construction & Real Estate Law Team
In 731 Market Street Owner LLC v. City and County of San Francisco (June 18, 2020), California appellate court affirms that local realty transfer tax does not apply when leasehold has a…
In the Wake of the Coronavirus: REIT Dividends
By Pillsbury’s Construction & Real Estate Law Team
The pandemic’s financial impact adds another layer of complexity to REITs authorizing, declaring and paying dividends under Maryland law. In “REIT Dividends in the Wake of the Coronavirus” colleagues Jeffrey…
The Split-Roll Initiative Is Poised to Rock California’s Property Tax System
By Pillsbury’s Construction & Real Estate Law Team
This November, California voters will decide whether commercial and industrial properties will lose their Proposition 13 protection against property tax reassessment. In The Split-Roll Initiative is Posted to Rock California’s Property Tax…