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SCOTUS Provides Pathway to Courts' Challenging Army Corps' Wetlands Calls

May 31, 2016

Environmental, Land Use, Legal Developments—National, From the Ground Up

Access to courts to resolve disputes early on in a permitting process is critical for land use projects in terms of time- and cost-savings. In Army Corps of Engineers v. Hawkes, issued on May 31, 2016, the U.S. Supreme Court effectively agreed by rul...

Supreme Court Puts Clean Power Plan on Hold

Feb 12, 2016

By Jeff C. Miller

Environmental, From the Ground Up

Recently the Supreme Court, for the first time, halted the implementation of an EPA rule before review by the Court of Appeals. As reported on this blog, in August the EPA adopted rules under the Clean Air Act to ensure that by 2030, carbon dioxide e...

Does Homeownership Still Beat Renting?

Feb 18, 2016

Housing, Real Estate, From the Ground Up

Zillow, a real estate listing and analytics company, recently looked at the "break-even" time horizon for owning a house versus renting in a number of markets across the nation. "Breaking even" means the amount of time it will take for the cost of ow...

Poorly Drafted Leases Can Cause Headaches for Tenants and Landlords (Part I of II)

Feb 22, 2016

By Jonathon L. Goodling

Leasing, Real Estate, From the Ground Up

These 10 common problem areas can easily be avoided by paying attention to details. It's a dangerous world out there. We cannot eliminate all risks. But a well-drafted lease can minimize risk, and a poorly drafted lease can unnecessarily create serio...

Poorly Drafted Leases Can Cause Headaches for Tenants and Landlords (Part II of II)

Feb 24, 2016

By Jonathon L. Goodling

Leasing, Real Estate, From the Ground Up

Continued from Part I . . . These 10 common problem areas can easily be avoided by paying attention to details. 6. Outside the Premises A tenant should think beyond the four walls of the premises and consider whether it needs to use any amenities,...

New Property Owners, Beware: Possible Shortened Time to Bring Defective-Construction Claims

Feb 25, 2016

By Stacey A. Martinson

Construction, Housing, Legal Developments—Oregon, Real Estate, From the Ground Up

The Oregon Supreme Court issued a decision on February 19, 2016, affirming a decision to dismiss a homeowner's claim against a builder for defective construction. In Shell v. Schollander Companies, Inc., 350 Or 552 (2016), defendant, a builder, began...