INTERVENTION IN A SUPREME COURT BUSINESS RATES CASE OVERTURNING A COURT OF APPEAL DECISION
Location: Nationwide UK
Successfully intervened in the case of Newbigin v Monk on behalf of the British Property Federation and Ratepayers Association, in which the Supreme Court overturned the Court of Appeal decision, ruling that a commercial building in the course of redevelopment does not have to be valued as if it were still usable. This case has had far-reaching ramifications, not only for developers, but also for urban regeneration and the public in general. This was ranked the “most important property case of 2017” by Estates Gazette.
REPRESENTATION OF REAL ESTATE JOINT VENTURE/PRIVATE EQUITY IN LITIGATION
Represent members of Real Estate Private Equity/Joint Venture in litigation over property mismanagement, freeze-out merger, and breach of fiduciary duty by managing member in connection with major New York real estate portfolio.
GROUND-BREAKING ADMINISTRATION CASE
Location: Nationwide UK
Successful representation of British Land, Hammerson, Intu and Land Securities in the landmark Court of Appeal decision that ordered Game, as tenant in administration, to pay as administration expenses all the rents due the landlord.
REPRESENTATION OF HOTEL AND LEISURE COMPANY IN BREACH OF CONTRACT
Represent a hotel company in breach of contract and fraud claims against franchisee and management company arising from false reporting of hotel occupancy and mismanagement under preferred guest program by hotel franchisee.
APPEAL AGAINST ATM BUSINESS RATES
Location: Nationwide UK
We acted for Tesco in the appeal against assessments for rating made by the Valuation Office Agency for ATM machines hosted by food stores, further to a decision by the Valuation Office that saw Tesco and other retailers burdened with retrospective rates liabilities and extra liabilities going forward. This case is being monitored by many retailers, for example concession areas in large department stores, who could be significantly impacted by the Court of Appeal decision.
REPRESENATION OF HOTEL AND LEISURE COMPANY IN ACQUISITIONS
Represent Hotel company in connection with claims of breach of contract and letter of intent, exclusivity, and non-disclosure agreement in connection with acquisition of premier hotel and residential complex.
ADVISING ON SEVERAL HIGH-RISK, HIGH-VALUE REGENERATION SCHEMES, including:
- Wood Wharf development (mixed use scheme with over 3,300 homes and 2 million sq ft of office space in Canary Wharf, London);
- South Bank Centre development of Shell Centre site in central London;
- Paradise Circus development in Birmingham city centre; and
- Whiteley’s shopping centre development near Bayswater, London.
DEFEATED CLAIMS OF RESTRICTIVE COVENANT ISSUES FOR ELECTRIC UTILITY
Represented electric utility in defeating claim that construction of a major electric utility substation would violate a restrictive covenant in the chain of title barring noxious uses.
SUCCESSFUL REPRESENTATION OF OWNERS OF ICONIC CENTRAL LONDON SKYSCRAPER
Location: London, UK
Acting for Almacantar, the developer of the iconic City Point building, in successfully defending an interim injunction claim brought by its tenant concerning refurbishment of the building.
SUCCESSFUL REPRESENTATION OF STATE ECONOMIC DEVELOPMENT AGENCY IN USING EMINENT DOMAIN FOR NEW CONSTRUCTION
Represented state economic development agency in defeating constitutional and statutory challenges to the use of eminent domain to construct a new arena, apartment buildings and office buildings and, in a different case, a new campus for a private university.
REPRESENTATION OF COMMERCIAL TENANT IN LEASE TERMS
Represented commercial tenant operating restaurant and entertainment facility in Casino and Hotel over permitted use, quiet enjoyment, and lease term options.
REPRESENATION OF REAL ESTATE DEVELOPER IN CONSTRUCTION LITIGATION
Represented real estate developer in connection with litigation arising from real estate assemblage and development and construction of New York hotel and residential building.
REPRESENTATION OF SPORTS AND ENTERTAINMENT VENUE IN DISPUTE RE BREACH OF LEASE
Represented one of the world’s premier sports and entertainment venue management companies in dispute with sports team and municipality over breach of lease for use of arena/facility for home games.
REPRESENTATION OF MANAGEMENT/REAL ESTATE PARTNERSHIP, JOINT VENTURE, PRIVATE EQUITY IN LITIGATION
Represent major real estate investment, management and development company in Los Angeles in litigation with one of its LLC members. The cases involve disputes over ownership interests in various LLCs and partnerships and management of one of the office building in which the investor holds an interest.
REPRESENTATION OF THE REGIONAL AUTHORITY OF PUBLIC TRANSIT IN A MAJOR INFRASTRUCTURE PROJECT
Acted as counsel for the Regional Transportation District in a three-panel-member three-week arbitration against a design/build contractor on delay and damage claims relating to RTD’s contract for the construction of a 13-mile commuter rail project.
SUCCESSFUL REPRESENTATION OF COMMERCIAL LANDLORD IN COMPLEX COMMERCIAL LEASE CASE
Represented real estate investment company in federal court in a dispute arising out of a restrictive use covenant in an antiquated shopping center lease inherited by Landlord client. We prevailed in obtaining an order denying entry of a preliminary injunction and prevailed in the Tenth Circuit obtaining an affirmance of that order. We then won a summary judgment and finally settled the case under an arrangement where the plaintiff is to pay Landlord a portion of its attorney fees.
SUCCESSFUL NEGOTIATION OF AN EMINENT DOMAIN MATTER FOR TELECOMMUNICATIONS CLIENT
In an eminent domain proceeding brought by the Colorado Department of Transportation, on behalf of a telecommunications client, we successfully negotiated an amendment to the condemnation petition and entry of a rule and order providing that the highway department condemnation shall not impact any right of way, utility lines, or other interest the client may have in the subject property.