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Shields v. Babbitt: Court Rules Endangered Species Act Can Regulate Intrastate-Only Species

August 1, 2000: 

The United States District Court for the Western District of Texas, Midland-Odessa Division, recently ruled against a challenge to the Endangered Species Act on constitutional grounds. Financial support to the challenge was contributed by NAR's Legal Action Committee.

Simon v. Teton Board of REALTORS®: REALTOR® Arbitration Award Upheld by Court

July 1, 2000: 

The Supreme Court of Wyoming recently considered when a challenge to an arbitration award must be filed.

In 1997, Bruce Simon, d/b/a Prime Properties of Jackson Hole ("Broker"), received a commission for the sale of a lot. Following the sale, Jackson Hole Realty ("Claimant") claimed a portion of the Broker's commission. The dispute was submitted to mandatory arbitration before the Teton Board of REALTORS® ("Board").

Huntington Mortgage Co. v. Mortgage Power Fin. Serv.: In Maryland, Appraisers Can Not Be Sued for Negligent Misrepresentation by Third-Party Lenders

July 1, 2000: 

A Maryland federal district court recently considered whether a real estate appraiser could be liable to a third-party lender for negligent misrepresentations.

Long v. Bruns: Court Rules Relocation Company Is Not Seller of Home

July 1, 2000: 

In 1999, a Louisiana appellate court recently considered whether a relocation company could be considered a seller of real estate.

Ceas Mortgage Co. v. Walnut Hills Assoc., Ltd.: Unlicensed Corporation Barred From Bringing Commission Lawsuit

June 1, 2000: 

In 2000 an Illinois appellate court considered whether an unlicensed corporation can bring a lawsuit to collect a brokerage commission.

County of Suffolk v. Experian Info. Solutions, Inc.: Tax Maps Can Receive Copyright Protection If They Are Original Compilations of Facts

June 1, 2000: 

A New York federal court recently considered whether a county's tax maps are copyrightable.

Pardoe & Graham Real Estate, Inc. v. Schulz Homes Corp.: Oral Commission Agreement for New Home Construction Is Enforceable

June 1, 2000: 

The Supreme Court of Virginia recently considered whether the statute of frauds barred an oral contract for the sale of new home construction on a lot already owned by the home purchaser.

Smith v. First Union Nat'l Bank: Court Rules Sexual Harassment Policy Needs to Prohibit Gender-Based Harassment in Addition to Sexual Advances

June 1, 2000: 

The United States Court of Appeals, Fourth Circuit, recently considered an employer's sexual harassment policy and investigation in light of a former employee's "hostile work environment" allegations.

California Ass’n of REALTORS® v. Barry: CAR Lawsuit against Attorney Proceeds

June 1, 2000: 

A California appellate court has considered whether a trial court properly allowed a lawsuit by the California Association of REALTORS® (“CAR”) against attorney David Barry (“Attorney”) to proceed.

Greater Philadelphia Ass'n of REALTORS® v. City of Philadelphia: Philadelphia's "Sold" Sign Ban Unconstitutional

May 1, 2000: 

In response to a lawsuit brought by the Greater Philadelphia Association of REALTORS® ("GPAR"), the City of Philadelphia ("City") has agreed in a settlement between the parties that its ban on "sold" signs is unconstitutional. The ban was enacted in 1970 by the City Council.

A number of cities enacted bans on "sold" signs as an attempt to slow "white flight" from the cities to the suburbs. The ban was a reaction to the perception that real estate sales professionals were engaging in "blockbusting."

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