News & Publications

Overruling 35 years of precedent, the Illinois Supreme Court has held that buyers of newly constructed homes cannot sue subcontractors for breach of the implied warranty of habitability. Sienna Court Condominium Association v. Champion Aluminum Corporation, 2018 IL 122022 (December 28, 2018). The case involved condominium purchasers who sought recovery for construction defects from the original developer (which sold them the units), the original general contractor, and several of the original subcontractors. The Illinois Supreme [...]

After a lengthy discussion about developer Mid America Apartment Communities' (MAA) ability to meet the density and retail requirements for Downtown Orlando, the Orlando Municipal Planning Board reluctantly voted to approve a zoning change for a 10-story apartment building with less than 4,000 square feet of retail space to be built south of the Bank of America building. Becky Wilson of Lowndes said that half of the space would be used for amenities and leasing [...]

As a real estate attorney and former member of the City of Cleveland Board of Zoning Appeals, I have seen transactions fail due to the parties' failure to consider and resolve zoning matters at the outset. The transaction progresses and then, suddenly, a third party, such as a lender, requires verification that the property is zoned for its intended purposes, but no one can produce it. The easiest way to avoid this scenario is to be proactive [...]