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Real Estate and Environmental Law


  • Normally an operating covenant or continuous operation provision is not the most noteworthy or “sexy” provision in a retail lease. However, this seemingly unremarkable provision can have remarkable consequences to an unsuspecting tenant.  An operating covenant is an agreement by a tenant to operate its store for a designated number of hours and/or days each week (i.e., continuous operation). Such a provision may be desirable to both tenants and landlords because open stores bring in customers. Operating covenants help landlords keep their shopping centers open and operating, maximize revenue and make their properties appeal to prospective tenants. Such provisions are […]

  • Over the past decade, California has enacted a comprehensive set of sustainability laws and regulations that are transforming the economy by generating opportunities and funding for renewable energy generation, energy efficiency measures in our buildings, and the implementation of clean transportation programs, which in turn have attracted venture capital and spurred the development of a clean energy economy.  This article explores how new California policies and laws could create the world’s first major economy to abandon fossil fuels as its primary energy source. The transformation to a clean energy economy is occurring through: (1) building optimization; (2) renewable power generation; […]

  • by Theodore L. Senet, Esq.  California could be the first major economy in the world to abandon fossil fuels as its primary energy source. California’s strategic energy policies foster an economic climate which generates funding for renewable energy, energy efficiency and innovative technology. In particular, proceeds from the state’s cap and trade auctions, mandates on utilities and the attraction of venture capital are funding renewable energy generation, energy efficiency measures in our buildings, and the implementation of clean transportation programs. As a result, we are in an era of exceptional economic opportunities for cities and local governments. Although California leads the […]

  • 2011 Nevada Legislative Changes to Commercial Tenancies (AB 398 will take effect on October 1, 2011) Prior to the enactment of AB 398 on June 4, 2011, there were no Nevada laws that dealt specifically with commercial landlord-tenant issues. Instead, the only governing law for landlord-tenant issues was NRS Chapter 40, which primarily deals with residential properties. AB 398 now creates a new chapter in Title 10 of the NRS relating solely to commercial tenancies. Section 15.5: Jurisdiction AB 398 provides that justice court has jurisdiction over any civil action concerning the removal of a tenant from commercial premises in […]

  • City ordinance requiring hazardous buildings to have seismic retrofitting by a certain date did not insulate owners of an unreinforced building from negligence in failing to retrofit the building. Case: Myrick v. Mastagni (2010) 185Cal.App.4th1082,111Cal.Rptr.3d165 Case Digest Presented by Steven R. Cuneo, Jr., Esq. at the 17th Annual GGLTS Review Preview Seminar (2011) Key Points: 1) Property Owners must use ordinary care in management of their property to prevent injury to others. 2) Compliance with a statute, ordinance or regulation ordinarily defines a minimum standard of care. 3) Accordingly, statutory compliance is not generally a defense to tort liability. Digest: In 1993, […]