Recent Publications - Real Estate, Zoning & Land Use


LIBN Op-Ed — Sewers: Good for the Environment, Good for the Economy
January 19, 2024 | Environmental

On January 18, Long Island Business News published Chris Murray’s opinion piece, “Sewers: Good for the Environment, Good for the Economy.”

Here is the full text.

Not often is a policy initiative good for both the environment and business. Sewer expansion is one of those initiatives. The development of sewer systems in Suffolk County would not

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Title Reporter Published in Real Estate Finance Journal
January 18, 2024 | Real Estate, Zoning & Land Use

Michael Heller’s, Matthew Spero’s and Lawrence Han’s Fall issue of the Title Reporter was published in the Real Estate Finance Journal.

This article discusses the following court rulings and other title insurance-related developments, among others:

  • “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have
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The Title Reporter: A Legal Update for the Title Insurance Industry
January 8, 2024 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of Title Insurance Update Winter 2024:

  • The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Florida, has ruled that Standard Exclusion 3(a) of a title insurance policy precluded coverage of fees and costs
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Title Reporter Published in Real Estate Finance Journal
November 1, 2023 | Real Estate, Zoning & Land Use

Michael Heller’s, Matthew Spero’s and Lawrence Han’s Summer issue of the Title Reporter was published in the Real Estate Finance Journal.

This article discusses the following court rulings, among others:

  • A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling that the only entity
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The Title Reporter: A Legal Update for the Title Insurance Industry
October 26, 2023 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of Title Insurance Update Autumn 2023

  • “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have been focusing on the growing problem of deed thefts.
  • A trial court in New York has granted summary judgment to a
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New Residential Developments Depend on Water Conservation Strategies
July 17, 2023 | Real Estate, Zoning & Land Use | Environmental

While demand for new housing in the United States is strong, the ability to meet this demand is hampered by lack of water resources. This is especially true in states experiencing population growth such as Florida and Texas. Any proposal to develop new residential housing must include water conservation measures to assure there will be

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Murray: Zoning boards are the environment’s first line of defense
July 7, 2023 | Real Estate, Zoning & Land Use | Environmental

Zoning boards have a difficult job. They must walk a narrow gauntlet between potentially killing a development project before it has begun by not allowing necessary variances and allowing harm to the environment that could be caused by the project.

Traditionally zoning boards focused on such issues as traffic, parking and whether a proposed project

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5 Factors to Help Smooth a Syndication Deal
June 23, 2023 | Real Estate, Zoning & Land Use

You found the right site. You completed the due diligence and are negotiating the purchase and sale agreement. Now you must raise the equity. You have multiple sources, each with differing financial issues from tax to return requirements. Here are a few points sponsors should consider when syndicating a real estate deal:

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The Title Reporter – Summer 2023
June 22, 2023 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling that the only entity to which the title company owed a duty was the
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Courts Leave Landlords in the Lurch on Guaranty Law
May 11, 2023 | Real Estate, Zoning & Land Use

Recently, two important court decisions ruled that a New York City local law known as the Guaranty Law, which rendered unenforceable certain guaranties of commercial lease obligations, was unconstitutional. One month later, the New York Supreme Court declined to follow it.

Conflicting rulings, however, left the issue unsettled and landlords without clear guidance.

In 2020,

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