Olshan Real Estate Law Blog | Olshan Law

Wireless Installation on Condo Roof Enforced

Thomas D. Kearns — Fri, 16 Jul 2010 09:00:01 -0400

Cell antenna opponents have moved from NIMBY to NOMCR (Not On My Condo Roof) . . .

Bleecker Co-op Wins Perpetuities Claim

Thomas D. Kearns — Thu, 21 Jan 2010 09:00:02 -0500

Update: The decision described in my blog post of January 21 has been overturned. See post dated February 24, 2011. The original post is below as it was originally written. In an earlier post I discussed Bleecker St Tenants Corp v. Bleecker Jones LLC where the co-op claimed that the Rule Against Perpetuities defeated a renewal right under a long term commercial lease signed years ago. The Perpetuities Rule has long bedeviled law students and is a famously esoteric mind-bender. At its most simplistic, it prohibits options which might vest in perpetuity. The co-op creatively tried to use ...

Delaware Amends LLC Act After Supreme Court Holds that Statute of Frauds Applies to LLC Agreements

Thomas D. Kearns — Sat, 16 Jan 2010 09:00:03 -0500

Update 11/27/10: The Delaware legislature amended the LLC Act to overrule the Halvorsen case I discuss below. "A limited liability company agreement is not subject to any statute of frauds (including § 2714 of this title)." Here’s one transactional lawyer’s opinion on the recent Delaware Supreme Court decision in Olson v. Halvorsen: the Court did not need to reach the question of whether the Delaware Statute of Frauds applies to oral LLC agreements but when it did so, the answer it gave was wrong. The result in the case was correct since the complaining member never proved an oral ...

Using Commercial Condo Structure to Gain Exemption on Real Estate Taxes

Thomas D. Kearns — Thu, 14 Jan 2010 09:00:04 -0500

Exploring the use of commercial condo structure to gain exemption on real estate taxes