http://buildonthis.com/ en Copyright 2008 Fri, 15 Aug 2008 14:29:26 -0500 http://www.sixapart.com/movabletype/ http://blogs.law.harvard.edu/tech/rss http://www.supremecourtofohio.gov/rod/docs/pdf/0/2008/2008-Ohio-2337.pdf.]]> http://buildonthis.com/2008/08/cleveland_construction_inc_vs.php http://buildonthis.com/2008/08/cleveland_construction_inc_vs.php Fri, 15 Aug 2008 14:29:26 -0500 By Denise J. Bleau, Esq., Buckingham, Doolittle & Burroughs, LLP The most significant Americans With Disabilities Act legislation since 1990 was passed by the House on June 25, 2008 by a vote of 402-17. The ADA prohibits discrimination based on a disability in employment, public accommodations, and other areas. http://buildonthis.com/2008/08/the_ada_amendments_act_of_2008.php http://buildonthis.com/2008/08/the_ada_amendments_act_of_2008.php Fri, 15 Aug 2008 11:34:30 -0500 By James Simon, Esq., Buckingham, Doolittle & Burroughs, LLP In White Castle System, Inc., et al. v. West Chester Township Zoning Commission (June 9, 2008), 12th Dist. No. CA2007-07-157, 2008-Ohio-2738, the Twelfth District Court of Appeals examined an appeal of a decision by the West Chester Township Zoning Commission that dictated the traffic patterns and location of the drive-thru window in a proposed restaurant. The Appellant, White Castle, argued that the location and layout of the drive-thru was not subject to the Final Development Plan requirements under “C-PUD” zoning. The Twelfth District upheld the trial court’s findings that “a condition delineating the location of the drive-thru in order to enhance safety and aesthetics falls within the criteria to be considered and the discretion of the Zoning Commission. * * * the proposed plan advances the public health safety, welfare and morals.” Thus, the Zoning Commission was determined to be within their statutory powers to regulate the aesthetics of the building. http://buildonthis.com/2008/07/two_recent_court_of_appeals_cases_provide_important_considerations_for_those_involved_in_zoning_matters_and_purchasing_and_reselling_subdivision_lots.php http://buildonthis.com/2008/07/two_recent_court_of_appeals_cases_provide_important_considerations_for_those_involved_in_zoning_matters_and_purchasing_and_reselling_subdivision_lots.php Wed, 30 Jul 2008 11:08:53 -0500 By George Weinstein, Esq., Buckingham, Doolittle & Burroughs, LLP Taxpayers may now exclude up to $2 million of qualified mortgage debt forgiveness on their principal residence without being subject to federal income tax. The Mortgage Relief Act applies to acquisition indebtedness discharged in the years 2007, 2008, and 2009. http://buildonthis.com/2008/07/taxfree_mortgage_workout_relie.php http://buildonthis.com/2008/07/taxfree_mortgage_workout_relie.php Mon, 21 Jul 2008 14:59:45 -0500 By: Eric J. Neuman, Esq., Buckingham Doolittle & Burroughs, LLP In Pugliese v. Pukka Development, 524 F.Supp.2d 1370 (S.D. Fla. 2007) the Federal U.S. District Court for the Southern District of Florida issued a decision that directly contradicts existing Florida State caselaw regarding the impact of a developer’s qualifying for the so-called “Under 100 Lot” exemption from the Federal Interstate Land Sales Full Disclosure Act 15 U.S.C. 1701 et seq. (“ILSA”). http://buildonthis.com/2008/06/recent_line_of_court_decisions.php http://buildonthis.com/2008/06/recent_line_of_court_decisions.php Thu, 26 Jun 2008 12:08:12 -0500 Several of our clients who own shopping centers have expressed concern about the 2004 United States Supreme Court ruling of Kelo v. City of New London and its possible impact in Florida. In Kelo, the Supreme Court upheld the exercise of eminent domain power by a Connecticut city, New London, to take private property owned by residents of New London in furtherance of a private redevelopment plan. The Supreme Court ruled that the redevelopment plan was considered a public use, thereby justifying the city’s exercise of eminent domain. http://buildonthis.com/2008/05/eminent_domain_in_florida_kelo.php http://buildonthis.com/2008/05/eminent_domain_in_florida_kelo.php Tue, 13 May 2008 16:57:17 -0500 Due to its excellent climate and favorable job opportunities, Florida typically attracts many new, permanent residents on a daily basis who bring Florida growth and additional income. As a result, many people believed that Florida was immune from the economic downturn afflicting the rest of the country. Due to higher energy and food costs and the bursting of the speculative real estate investment bubble across the country, however, Florida has been impacted. http://buildonthis.com/2008/05/florida_market_conditionsfirst.php http://buildonthis.com/2008/05/florida_market_conditionsfirst.php Tue, 13 May 2008 16:54:18 -0500 H.B. 190 (eff. Nov. 14, 2007) – Requires private contractors who work with a school district for a “regular period of time” to run background checks on all employees assigned to a district building or project. Public owners are beginning to rely upon this newly enacted statute to require private contractors to obtain fingerprints and request both an Ohio Bureau of Criminal Identification and Investigation (“BCII”) and an FBI records check prior to assigning employees to work on district projects. Further, the background check must be repeated every five years for each employee, and private contractors hired by school districts must pay the cost of these checks. http://buildonthis.com/2008/04/legislative_update_criminal_ba.php http://buildonthis.com/2008/04/legislative_update_criminal_ba.php Mon, 14 Apr 2008 16:05:05 -0500 Summary: When federal funds are involved on a local project, the local municipality needs to be very cautious when attempting to institute local hiring preferences. Courts will most likely side with the decision made by the federal agency provided that decision is not arbitrary or capricious.]]> http://buildonthis.com/2008/04/case_summary_local_hiring_preferences_can_result_in_withdrawal_of_federal_funds_on_a_city_project_city_of_cleveland_v_state_of_ohio_et_al_2007_wl_4123743_ca_6_ohio_.php http://buildonthis.com/2008/04/case_summary_local_hiring_preferences_can_result_in_withdrawal_of_federal_funds_on_a_city_project_city_of_cleveland_v_state_of_ohio_et_al_2007_wl_4123743_ca_6_ohio_.php Construction Mon, 14 Apr 2008 15:51:51 -0500 Columbus Dispatch. The bill includes a requirement that at least 70 percent of properties in a targeted area be deemed "blighted" before the government can take the land. A companion constitutional amendment failed to garner the votes needed to appear on the November ballot.]]> http://buildonthis.com/2007/06/ohio_legislature_approves_emin_1.php http://buildonthis.com/2007/06/ohio_legislature_approves_emin_1.php Thu, 28 Jun 2007 11:09:56 -0500 H.B. 220, which would establish Ohio's first planned community law. The proposed law would clarify and expand the powers of homeowners' associations. Check back for further updates as the bill proceeds through the legislative process.]]> http://buildonthis.com/2007/06/ohio_legislature_considers_hom.php http://buildonthis.com/2007/06/ohio_legislature_considers_hom.php Tue, 26 Jun 2007 13:16:32 -0500 The Cleveland Plain Dealer reports that developer Scott Wolstein, the Cleveland-Cuyahoga County Port Authority, and all but one property owner have reached a settlement in the eminent domain case pending in the Cuyahoga County Probate Court. Owner James Kasouf refused to settle, arguing that his property is worth substantially more than he was offered in settlement. The trial will resume on August 1 to resolve his claim.]]> http://buildonthis.com/2007/06/flats_eminent_domain_case_near_1.php http://buildonthis.com/2007/06/flats_eminent_domain_case_near_1.php Mon, 18 Jun 2007 18:02:32 -0500 Click here for additional information from the Plain Dealer.]]> http://buildonthis.com/2007/06/ohio_senate_passes_restriction_1.php http://buildonthis.com/2007/06/ohio_senate_passes_restriction_1.php Fri, 01 Jun 2007 10:41:36 -0500 Cleveland Plain Dealer. If the court finds that the taking is justified, the value of the properties will be determined by a jury. Opponents contend that the use of eminent domain in this case is not for the benefit of the public, but for the benefit of a private developer. Proponents argue that the redevelopment of the run-down east bank of the Flats will benefit the entire city.]]> http://buildonthis.com/2007/05/eminent_domain_battle_over_cle.php http://buildonthis.com/2007/05/eminent_domain_battle_over_cle.php Eminent Domain Wed, 09 May 2007 09:02:34 -0500 Cincinnati Enquirer. Cleveland Construction sued the city after its low bid was rejected in favor of a higher bid from a contractor that used small business and minority subcontractors.]]> http://buildonthis.com/2007/05/ohio_supreme_court_to_hear_min.php http://buildonthis.com/2007/05/ohio_supreme_court_to_hear_min.php Construction Thu, 03 May 2007 09:01:54 -0500