Eminent Domain Group Successfully Defeats Challenge to Arbitration Award
Partner Michael H. Leifer and associate Erin B. Naderi represented the landowner in a land lease rent adjustment arbitration against the owners of 150 leasehold condominium units. A significant arbitration award was issued against the unit owners. Post-arbitration, the unit owners attempted to challenge the arbitration award.
Real Estate Transactions
Palmieri Tyler Represents Nature's Best in Texas Expansion Project
Partner Dennis W. Ghan represented Nature's Best in connection with the negotiation and documentation of the company's Flower Mound, Texas warehouse and distribution facility lease. The lease is for 308,200 square feet of space and has an initial term of 127 months. Partners Dennis Ghan and Robert Ihrke are also currently representing Nature's Best in connection with new financing arrangements with the company’s lenders to facilitate the company’s Texas expansion and its ongoing operations in California.
In addition to the new Flower Mound facility, Nature's Best recently expanded and relocated its Southern California distribution center to Chino. Partner Dennis Ghan represented the company in connection with this lease. The 410,000 square foot LEED Gold Certified building is a highly successful project and will serve as a model for the company's expansion of its natural food distribution matrix. Nature's Best was the 2010 recipient of the Supermarket News Technology Excellence Award for its willingness to overhaul its supply chain technology and the positive results that followed.
For more information, please contact Dennis W. Ghan, a partner in our Real Estate and Corporate Departments.
Represented the Warmington Group of Companies in connection with the acquisition of apartment projects in the Dallas/Ft. Worth area containing approximately 2,500 units.
Hansji Urban, a client of Palmieri Tyler, recently closed on the $28 million acquisition of the historic Luhrs Tower, Luhrs Building and a nearby parking garage in downtown Phoenix. Hansji Urban, an affiliate of Hanji Hotels, plans to eventually construct a hotel on the site, but will, in the short term, invest $6 million to upgrade existing office space.
Eminent Domain Group Awarded Over $3.2 Million January 2012
In C. v. Caltrans, partners, Michael H. Leifer and Michael L. D'Angelo, of the Eminent Domain practice group, submitted an inverse condemnation matter to arbitration. The arbitrator issued an award against Caltrans for more than $3.2 million. Caltrans' position was initially to deny liability and compensable damages.
Will and Trust Declared Invalid Due to Undue Influence
April 2010 - After an eight day trial involving a multi-million dollar estate, a trial team including Partner Don Fisher, Partner Elise M. Kern and Paralegal Theresa Black obtained a trial court judgment setting aside a will and trust. The trial judge determined that the invalidated estate plan was the result of undue influence exercised by the decedent's sister.
Trial Team Obtains Award of Over $9.5 Million
A trial team including Partner Don Fisher, Partner Elise M. Kern and Paralegal Theresa Black represented the plaintiff in a trial which resulted in an award of over $9.5 million. The litigation related to a residential real estate project and involved allegations of fraudulent transfers and violations of Corporations Code provisions which govern distributions from a limited liability company.