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Sandhills Association of REALTORS® v. Village of Pinehurst: Federal Court Rules Sign Ordinance Unconstitutional

December 1, 1999: 

A federal court in North Carolina recently considered whether a town’s ordinance regulating the size, color, and content of real estate “for sale” signs was constitutional.

Beginning in 1994, the village of Pinehurst, North Carolina (“Village”) enacted a series of ordinances regulating the display of real estate For Sale signs. The Village is a resort community, with tourism as its primary industry. A portion of the Village is designated a National Historic Landmark.

Vogan v. Hayes Appraisal Associates, Inc.: Owner Is Third-Party Beneficiary of Contract Between Lender and Appraiser

November 1, 1999: 

The Supreme Court of Iowa recently decided whether a home owner can be a third-party beneficiary of a contract between an appraisal company and a lender.

Baltimore Neighborhoods, Inc., v. Rommel Builder, Inc.: Developers and Builder Violated FHAA

November 1, 1999: 

The United States District Court for Maryland considered whether condominium complex’s owners and developers had violated both the ADA and FHAA.

Amerus Property Brokers v. Hicklin: Broker Entitled to Receive Commission for Lease Renewal

November 1, 1999: 

The Supreme Court of Iowa decided what constitutes a commercial lease renewal that triggers an owner’s obligation to pay a commission to a broker.

Golden Gateway Center v. Golden Gateway Tenants Ass’n.: Large Apartment Complexes Are Not Constitutionally-Protected Public Forums

October 1, 1999: 

In Golden Gateway Center v. Golden Gateway Tenants Association, California’s Court of Appeal, First District, determined that constitutional free speech guarantees do not extend to the activities of a tenant’s association in a large apartment complex.

Rhode Island Ass’n of REALTORS®, Inc., v. Whitehouse: Rhode Island Statute Challenged by State REALTOR® Association Declared Unconstitutional

September 1, 1999: 

A federal district court recently declared unconstitutional portions of a Rhode Island statute which imposed both civil and criminal penalties when public records were used “to solicit for commercial purposes.” The law was challenged by the Rhode Island Association of REALTORS®, Inc. (“RIAR”), and the Attorney General for Rhode Island, Sheldon Whitehouse (“State”), defended the statute. The American Civil Liberties Union represented the RIAR before the court.

Rhode Island Ass’n of REALTORS®, Inc., v. Whitehouse: Rhode Island Statute Challenged by State REALTOR® Association Declared Unconstitutional

September 1, 1999: 

A federal district court recently declared unconstitutional portions of a Rhode Island statute which imposed both civil and criminal penalties when public records were used “to solicit for commercial purposes.” The law was challenged by the Rhode Island Association of REALTORS®, Inc. (“RIAR”), and the Attorney General for Rhode Island, Sheldon Whitehouse (“State”), defended the statute. The American Civil Liberties Union represented the RIAR before the court.

Southeast Apartments Management, Inc. v. Jackman: Landlord Not Liable for Employee’s Sexual Advances Upon Tenant

September 1, 1999: 

In 1999 the Supreme Court of Virginia recently found that a landlord was not liable for negligence when an employee made sexual advances upon a tenant. In this case, Southeast Apartments Management, Inc., (“Landlord”), owned an apartment complex with approximately 200 units. The Landlord employed Douglas Turner (“Employee”) for approximately two months as a maintenance supervisor for its apartment complex.

Property Asset Brokerage, LLC, v. Magna Assoc. Liquidating Trust: Colorado Court Finds Intent of the Parties Determines When a Brokerage Agreement Expires

September 1, 1999: 

In a recent decision, the Colorado Court of Appeals interpreted that state’s statute addressing when brokerage agreements expire. The parties before the court were Property Assets Brokerage, LLC (“Broker”), and Magna Associates Liquidating Trust (“Owner”).

Hanks v. Tilley: ADA Does Not Apply to Residential Housing

September 1, 1999: 

The federal district court for the Middle District of North Carolina dismissed a lawsuit brought against a residential landlord (“Landlord”) by a former tenant (“Tenant”). The Tenant represented herself in this lawsuit. She alleged that the Landlord had violated the Americans with Disabilities Act (“ADA”).

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