Category Archives: Real Estate

Southern District Heightens Lawyers’ Duties in Preventing Spoliation of Evidence by Clients

In Industrial Quick Search, Inc. et al. v. Miller, Rosado & Algois, LLP et al., January 2, 2018, the Southern District of New York issued a decision underscoring the importance of lawyers paying early attention to the need for imposing “litigation holds,” being proactive in ensuring compliance with such holds, and making a clear record of steps taken with... Read More >

Art Burger to Moderate Panel at ABA National Conference

Arthur D. Burger, Chair of Jackson & Campbell’s Professional Responsibility Practice Group, will be the moderator on a Panel at the 44th ABA National Conference on Professional Responsibility. The panel will be on Friday, June 1 during the Conference in Louisville, KY from May 30-June 1 of 2018.  Art’s Panel, When Clients Go Rogue will feature speakers Carol... Read More >

Supreme Court Clarifies Which Deadlines Are Jurisdictional

In Hamer v. Neighborhood Housing Services of Chicago, the Court, in a unanimous opinion by Justice Ginsburg, set forth a clear and easy way to tell whether a deadline is jurisdictional, and cannot be waived or extended, or is merely a “claim-processing rule” that can be extended: deadlines provided by statute are jurisdictional, while deadlines provided by court rules are... Read More >

Roy L. Kaufmann Testifies before the D.C. City Council on proposed TOPA legislation

Roy L. Kaufmann, from the Firm's Real Estate Group, testified before the D.C. City Council's Committee on Housing and Neighborhood Revitalization on behalf of the D.C. Land Title Association.  He testified on a proposed legislation to amend the Tenant Opportunity to Purchase Act (TOPA) called the TOPA Accessory Dwelling Act of 2017. REDLINE of DCLTA-requested revisions vs. current law 9-8-17... Read More >

New Emergency and Proposed Inclusionary Zoning Regulations

The Department of Housing and Community Development (DHCD), which oversees the Inclusionary Zoning program in DC, has new proposed regulations relating to Inclusionary Zoning.  The nature of these Emergency and Proposed regulations, can be found here.  Although the regulations are called “proposed”, they are effective.  Public comment ends on September 30.  If you care to make any comments, you... Read More >

Congratulations to our Best Lawyers in America © 2018!

Jackson & Campbell would like to congratulate our Best Lawyers in America © for 2018 Arthur D. Burger, Ethics and Professional Responsibility Law David H. Cox Litigation - Real Estate; Real Estate Law William E. Davis, Litigation - Trusts & Estates; Trusts & Estates Roy L. Kaufmann, Real Estate Law James P. Schaller, Commercial Litigation; Ethics and Professional Responsibility Law... Read More >

Right of First Refusal Must Be In Writing

The United States District Court for the District of Columbia restated the fundamental principle that in order for a right of first refusal to be enforceable, it must be in writing under the Statute of Frauds.  A tenant under a restaurant lease sued its landlord when the latter sold the real property in which the leased premises was located without... Read More >

Headstrong HOA Board Member Puts Himself in Harm’s Way Over Fair Housing Issues

In a recent case decided by the D.C. Court of Appeals, the court heard a matter involving the intersection between community association governance and fair housing law.  In this case, Wilfred Welsh, a board member of the Chaplin Woods Homeowners Association (the “HOA”), sued fellow HOA members Beverly McNeil and Alvin Elliott (the “McNeils”), claiming that the McNeil’s violated the... Read More >

Court Provides Guide For Defining Property In A Takings Case

St. Croix has a regulation that prohibits the owners of two neighboring properties along the St. Croix River from being separately sold or built upon unless each property has at least an acre of developable land. The Murrs owned two such parcels, each with less than an acre available to be developed. The Murrs wanted to sell one of the... Read More >

POSTED: Murr v. Wisconsin

Court Rules That District Courts Can Hear Mixed Cases Dismissed For Lack Of Jurisdiction, Over Justice Gorsuch’s First Dissent

In Perry v. Merit Systems Protection Board, the Court had to determine which federal court could hear an appeal from the Board’s decision that it lacked jurisdiction to hear a federal employee’s case. When Perry was fired from his job with the U.S. Census Bureau, he claimed discrimination (making his case a “mixed” one), but then signed a settlement agreeing... Read More >

Emotional Support Animals in Cooperative Apartment and Condo Communities: What Every Association and Owner Should Know

An emotional support animal (commonly referred to as an “ESA”) is a companion animal (typically a dog or cat) that provides therapeutic benefit to an individual with a mental or psychiatric disability. An ESA is not the same thing as a “pet”. Rather, for a resident of a Coop or Condo who is living with a mental or psychiatric disability,... Read More >