22 new commercial real estate matters, October 5 – October 11, 2026

Puerto Rico Court Dismisses DBR Dorado's Bid to Block Hilton-Branded Hotel

A Puerto Rico court dismissed with prejudice DBR Dorado's bid to stop the 171-room Casa Dorado, a $48 million Hilton-branded hotel, finding DBR waited more than five years to challenge it.

DC Blox, Inc. v. Metro Government of Nashville and Davidson County (Nashville Zoo-Area Data Center Moratorium Suit)

A federal judge dismissed DC Blox's nine claims that Nashville's moratorium targeted its permitted data center on a $23 million site by the Nashville Zoo, allowing amendment of three counts.

Wixom Industrial One, LLC v. City of Wixom (Michigan Data Center Moratorium Suit)

Wixom Industrial One sued Wixom, Michigan in federal court, claiming its six-month data center moratorium, adopted after opposition arose, violates state zoning law and blocks a 55-acre project.

Hexa Builders, LLC v. Monroe Township: Developer Challenges Retroactive Data Center Zoning Ban

Hexa Builders sued Monroe Township, New Jersey over ordinances banning data centers at its site and township-wide, seeking repeal of the ban plus $300 million in damages; the case was removed to federal court.

Eagan Capital v. City of Eagan (Minnesota Data Center Moratorium Challenge)

Eagan Capital seeks $50,000 from Eagan, Minnesota, arguing state utility regulators, not the city, control power demand, so its one-year moratorium on 20-plus-megawatt data centers is invalid.

Girolametti v. City of Danbury (Connecticut Appellate Court Affirms $16.8M Reckless-Permitting Verdict)

Connecticut's Appellate Court largely affirmed a $16.8 million verdict against Danbury for reckless permitting and inspection of a 30,000-square-foot commercial addition, less a $280,000 remittitur.

In re Pillarstone Capital REIT: Fifth Circuit Denies Whitestone Uptown Tower's Rehearing Petition

The Fifth Circuit denied Whitestone Uptown Tower's rehearing petition, effectively ending its appeal in the Pillarstone Capital REIT bankruptcy, a dispute that survived a $33.4M settlement.

In re American Hospitality Properties REIT, Inc. (Hilton/Marriott Hotel REIT Family's Chapter 11 Filing)

American Hospitality Properties REIT and REIT II filed Chapter 11 with 14 affiliates after their former manager settled SEC charges over an $86 million Regulation A hotel-fund offering.

Aquino v. Schanzer (Cedar Realty Trust Preferred Stockholder Settlement)

Cedar Realty Trust's preferred stockholders reached a proposed $8.5 million cash settlement of their class action over the liquidation after Wheeler's acquisition; court approval is pending.

Moses v. Franklin BSP Realty Trust, Inc.: Shareholders Sue Mortgage REIT Over Dividend Disclosures

Shareholders filed a securities class action against commercial mortgage REIT Franklin BSP Realty Trust and certain officers, alleging it misrepresented dividend sustainability ahead of disappointing 2025 results.

Deutsche Bank National Trust Co. v. Pembroke Lakes Mall LLC (CMBS Foreclosure & Receivership)

Deutsche Bank, as CMBS trustee, sued to foreclose on the roughly 750,000-square-foot Pembroke Pines, Florida mall owned by Brookfield's BGRE platform after the $260 million loan matured unpaid, and seeks a receiver.

Federal National Mortgage Association v. Reserve Apartments, Ltd. (Reserve Square Foreclosure — City of Cleveland Intervention)

Cleveland moved to intervene in Fannie Mae's foreclosure of Reserve Square, downtown's largest apartment complex, over more than $78 million owed, citing 19 open code-violation notices.

White Sulphur Springs Holdings LLC v. Greenbrier Hotel Corporation (The Greenbrier Receivership Fight)

Omni parent TRT's White Sulphur Springs Holdings seeks a federal receiver for The Greenbrier over $289M in loans after forbearance lapsed, while the owner pursues a $500M refinancing to repay it.

Bravera Bank v. Henry Land Holding LLC (North Dakota Commercial Development-Loan Foreclosure)

Bravera Bank sued Henry Land Holding and related entities over roughly $3 million owed on a development loan for nine commercial lots near Minot's 'The Tracks'; lien-holding contractors are also named.

Fox Investments LLC v. City of Kaukauna (Wisconsin Direct-Action Contamination Cost-Recovery Suit)

Fox Investments sued Kaukauna and the city's historic insurers directly to recover $235,683.63 spent investigating and cleaning up heavy-metal and PAH contamination on its property.

Port of Tacoma v. PQ LLC: Successor-Liability Fight Over Legacy Industrial Contamination

The Port of Tacoma sued PQ LLC, as successor to prior operators of a sodium-silicate facility on Port-owned Tideflats land, to recover close to $10 million in cleanup costs; PQ has countersued.

Greater DC Diaper Bank v. WWDC Industrial Park, LLC (Industrial Warehouse Roof-Maintenance Breach Suit)

Greater DC Diaper Bank seeks more than $775,000 from former landlord WWDC Industrial Park, alleging years of unrepaired roof leaks at its warehouse; the landlord counterclaimed for unpaid rent.

KSG v. BroadRange Logistics LLC (Pocono Warehouse Tenant-Improvement Allowance Suit)

KSG sued BroadRange Logistics to claw back an $11 million tenant-improvement allowance on a 600,000-square-foot Mount Pocono warehouse, alleging the tenant pocketed it and stopped paying rent.

76 Commerce Center LLC v. BroadRange Logistics LLC (Denver-Area Industrial Lease Default)

Landlords Hyde Development and Mortenson seek $32 million from BroadRange Logistics after it defaulted on Colorado's largest speculative industrial lease, at 76 Commerce Center in Brighton.

Oak Land and Development LLC v. Simon Property Group Inc. (Penn Square Mall Antitrust Tying Suit)

Developers of Oklahoma City's OAK project sued Simon Property Group, alleging it tied national lease terms to tenants avoiding OAK to protect Penn Square Mall; Simon's dismissal motion is pending.

H-E-B, LP v. Peterson: Texas Supreme Court Tightens Constructive-Notice Proof in Slip-and-Fall Claims

The Texas Supreme Court reinstated summary judgment for H-E-B in a slip-and-fall suit, holding that unrelated maintenance issues elsewhere in a store cannot prove constructive notice of the specific hazard.

Wiggins v. Cedar Christina Crossing, LLC: Delaware Supreme Court Affirms Summary Judgment in Parking-Lot Ice Fall

Delaware's Supreme Court affirmed summary judgment for a shopping-center owner and its snow-removal contractor in a parking-lot black-ice fall, after security video showed the lot clear and dry.

U.S. office vacancy eases to 19.8% in Q3 2026, but Class B and C vacancy keeps rising (Cushman & Wakefield)

Large Commercial Property Insurance Rates Fall 14.5% in Q2 as the Soft Market Widens