45 new commercial real estate matters, October 12 – October 18, 2026

Stop 65, LLC v. Beach Park Railway, LLC: Ohio Appeals Court Upholds Shopping-Center Eviction of Museum Tenant Over Unapproved Sublease

An Ohio appeals court upheld a shopping-center owner's eviction of a museum tenant, holding that letting a motorcycle-repair operation occupy space was an unauthorized sublease and no 30-day notice was needed.

Ex parte City of Fairhope Planning Commission and City of Fairhope (Developer's Negligence Claim Over Denied Apartment Applications Barred by Immunity)

Alabama's Supreme Court held Fairhope and its planning commission immune from a developer's negligence claim over denied apartment applications; its arbitrary-and-capricious and due-process claims remain pending.

Orchard BJK Company, LLC v. Coolbaugh Township Board of Supervisors (Stormwater-Ordinance Challenge to Warehouse Buffer Requirements)

Pennsylvania's Commonwealth Court held a developer's challenge to Coolbaugh Township's tripled wetland buffers was premature because its waiver request for a planned warehouse was still pending.

C&B Development, LLC v. Maxatawny Township Zoning Hearing Board: Pennsylvania Commonwealth Court Blocks 709,000-SF Warehouse Because Its Only Access Road Falls Inside a 500-Foot Residential Buffer

Pennsylvania's Commonwealth Court blocked C&B Development's 709,000-square-foot Maxatawny Township warehouse, holding its only access road falls under the 500-foot residential setback and denying a variance.

CRG Acquisition, LLC v. Planning Board of Holliston: Massachusetts Appeals Court Rules 800,000-Square-Foot Warehouse Is Not a Permitted-as-of-Right Use

The Massachusetts Appeals Court reversed a Land Court win for CRG Acquisition, holding its approximately 800,000-square-foot Holliston warehouse needs a special permit the planning board denied in 2021.

Zecorra Enterprises, LLC v. Redford Township (Commercial Property Tax Valuation Appeal)

A Michigan appeals court affirmed a $525,000 true cash value for a Redford Township former bowling alley converted for a Dollar General, rejecting the owner's lower appraisal for the 2023 tax year.

Recycled Properties, LLC v. City Council of the City of Chesapeake: Virginia Appeals Court Upholds Denial of Warehouse and Office Site Plan as Expansion of Nonconforming Landfill Use

A Virginia appeals court upheld Chesapeake's refusal to approve a warehouse and office site plan at Recycled Properties' construction-debris landfill as an expansion of a nonconforming use.

Schell Road, LLC v. Vanderford: Michigan Appeals Court Lets Township Amend Mining Ordinance Mid-Litigation to Defeat Gravel Mine Permit Bid

A Michigan appeals court rejected Schell Road's bid to force a hearing on its 80-acre gravel mine application, finding it incomplete and letting Grant Township amend its mining ordinance mid-litigation.

Hetley Associates v. Lemoyne Borough Zoning Hearing Board: Pennsylvania Commonwealth Court Rejects Strip-Center Owner's Use Variance for Overflow Parking on Adjacent Residential Lots

Pennsylvania's Commonwealth Court upheld denial of a use variance letting the Hetley Plaza strip-center owner replace three houses on residential lots with overflow parking, finding no hardship tied to those lots.

Quantum Maryland LLC v. Frederick County: Catellus-Managed Developer Sues to Lift Data Center Moratorium on Former Eastalco Site

Catellus-managed Quantum Maryland sued Frederick County to void an executive-order freeze on data center applications at the former Eastalco smelter site, saying a $500M+ land deal was derailed.

Silver Fox 606 LLC v. Village of Indiantown: Data Center Developer Sues to Lock In Recorded Plat on 606-Acre Martin County Site

Data center developer Silver Fox 606 sued the Village of Indiantown, Florida to stop it from undoing a recorded plat on its 606-acre Heavy Industrial site, saying it has spent more than $25 million.

GWIP Land Company LLC v. Board of County Commissioners of Weld County: Neighboring Industrial Park Owner Seeks Reversal of GlobalAI Data Center Approval

Broe Cos. affiliates that own the Great Western Industrial Park sued to reverse Weld County's approval of GlobalAI Cloud's data center on the 438-acre former Carestream Health property.

Concerned Citizens of Spartanburg County v. Spartanburg County: Judge Dismisses Zoning Challenge to Valara Holdings' $2.8B Data Center

A Spartanburg County judge dismissed neighbors' zoning challenge to Valara Holdings' $2.8 billion data center at the former Kohler plant for lack of standing and failure to appeal first; the group plans to appeal.

Rubenstein et al. v. Millrose Properties, Inc.: Investors Sue Lennar Land-Bank Spinoff Over Undisclosed Single-Family Rental Business

Investors filed a securities class action against Lennar land-bank spinoff Millrose Properties, alleging it hid roughly $200 million of Lennar home purchases for rental; its shares fell 8.5% on the disclosure.

Braemar Hotels & Resorts Settles With Largest Stockholder Al Shams Investments: $40M Payout Ends Proxy Fight, Securities and Defamation Claims, and Texas Pre-Suit Petition

Hotel REIT Braemar settled with its largest stockholder, Al Shams, paying $25 million for claims plus $15 million in expenses to end a proxy fight and pre-suit petition; Braemar expects a $4M-$6M net cost.

Straus Group v. Antheus Capital (Lake Meadows Investor Buyout Dispute)

Straus Group affiliates sued Antheus Capital, owner of Chicago's 1,869-unit Lake Meadows complex, for refusing a buyout put option, claiming their $30.5 million investment is now worth roughly $70 million.

Waterworks Operating Co., LLC v. 514 W. 24th Owner LLC (Mechanic's-Lien and Breach-of-Contract Judgment Partly Vacated on Appeal)

New York's First Department upheld liability but vacated a $1,396,058.74 mechanic's-lien judgment for supplier Waterworks against a Chelsea project owner, ordering damages recalculated.

GSD Contracting, LLC v. All American Builders & Debris Removal, Inc.: Florida Appeals Court Affirms $71,582.98 Retainage After Mold Dispute on Hotel Project

A Florida appeals court held contractor GSD wrongly withheld $71,582.98 in retainage from a subcontractor on a five-story hotel project after a mold dispute, but reversed a $45,300 award for unperformed work.

CFS Enterprises, Inc. v. CG & J Realty, LLC (Queens Mechanic's Lien Bond Dispute)

New York's Second Department upheld denial of CG & J Realty's motion to vacate a lien bond on its Queens commercial property, holding a NYSCEF filing did not meet the Lien Law's personal-service rule.

5 Beekman Property Owner, LLC v. Henick-Lane, Inc.: Owner Ordered to Return $850,000 Insurer Paid on a Settlement That Never Closed

New York's First Department affirmed an $850,000 judgment ordering 5 Beekman's owner and Broadway Construction Group to return insurer money paid on a defective-HVAC settlement that never closed.

Freddie Mac v. Nord Group Affiliate (Edgewater Apartments Post-Foreclosure Rent Diversion Dispute)

A federal magistrate judge faulted a Nord Group unit for collecting rent on the 228-unit Edgewater Apartments in Lake Jackson, Texas after Freddie Mac foreclosed, then suing its lender instead of turning it over.

Quinlan Development Group v. Maple 1 Farley Owner LLC (Penn Plaza Life-Sciences Site Foreclosure)

Quinlan, which bought the loan from Bank of China, sued to foreclose on a stalled Penn Station life-sciences site, saying the $54 million mortgage grew to $65.9 million, and named developer Cannon Hill as guarantor.

In re AZ 175th Street LLC: Queens Mixed-Use Owner Files Second Chapter 11 After First Case Was Dismissed With a Refiling Bar

The owner of a Jamaica, Queens mixed-use building filed a second Chapter 11 case, reporting $14 million in assets and $12.6 million in liabilities, after its first case was dismissed with a 180-day refiling bar.

Merchants Bank of Indiana v. GRV Jackson Park LLC: $6.4M Foreclosure on Three South Side Chicago Apartment Buildings

Merchants Bank of Indiana filed to foreclose on three South Side Chicago apartment buildings over $6.4 million in two loan facilities and seeks to hold the venture's two principals liable as guarantors.

Wilmington Trust v. Stradtman Park, LLC: Fourth Department Upholds Trial Court's Cut to CMBS Special Servicer's Foreclosure Fees and Interest

New York's Fourth Department affirmed a ruling cutting a CMBS special servicer's foreclosure fee request from roughly $588,000 to $250,000 and denying note-rate interest on top of default interest.

Computershare Trust (BMO 2024-5C5) v. Starwood Mortgage Capital: $46.85M CMBS Loan Repurchase Suit Removed to Federal Court Over Undisclosed Senior Lien

A CMBS trust sued Starwood Mortgage Capital to force repurchase of a $46.85 million loan on two Harris County, Texas properties, alleging an undisclosed senior lien was foreclosed and wiped out its collateral.

Lenox Mortgage IX LLC v. San Francisco Care Center, L.P.: Ninth Circuit BAP Limits Lender's Fee Recovery Under Old HUD Loan Documents After Assisted-Living Facility Sale

The Ninth Circuit BAP held old HUD loan documents barred lender Lenox Mortgage IX from recovering some of its $419,266.94 fee demand after a San Francisco assisted-living facility's bankruptcy sale.

Conroe WM LLC v. HREF Senior Worthington LLC: Delaware Supreme Court Affirms Preferred-Equity Lender's Takeover of Texas Assisted-Living Project

Delaware's Supreme Court affirmed that preferred-equity investor HREF took control of the holding company behind a 117-bed Conroe, Texas assisted-living facility after missed payments on its $4.5 million investment.

In re Duplex at Sleepy Hollow, LLC: Ninth Circuit BAP Upholds Retroactive Stay Annulment That Validated Enterprise Bank's Nine Laguna Beach Foreclosures

The Ninth Circuit BAP upheld retroactive annulment of the automatic stay, validating Enterprise Bank's nine Laguna Beach foreclosure sales after bad-faith involuntary Chapter 11 petitions were filed minutes earlier.

In re Southbridge Associates LLC: Wellsworth Hotel Owner Files Chapter 11 a Day Before Lender's Foreclosure Auction

The owner of the 203-room Wellsworth Hotel in Southbridge, Massachusetts filed Chapter 11 one day before lender X-Caliber Rural Capital's foreclosure auctions on its $13.25 million loan.

In re Travis Property Owner LLC: Owner of 354-Unit The Travis Apartments Near Frisco Files Chapter 11 With ACORE as Creditor

The single-asset owner of The Travis, a 354-unit apartment community near Frisco, filed Chapter 11 listing more than $50 million in debt, with ACORE, which financed the 2022 purchase, as a creditor.

Southridge Mall Foreclosure: Milwaukee County Court Approves Sale of Simon-Affiliated Mall to Receiver-Linked Buyer Assuming $101.9M Loan

A Milwaukee County judge approved the sale of Southridge Mall from a Simon affiliate to a receiver-linked buyer assuming the $101.9 million loan and paying $7 million in cash, ending a CMBS foreclosure.

City of San Antonio v. U.S. Department of Homeland Security: City Sues Under NEPA to Halt Conversion of 640,000-SF East Side Warehouse Into ICE Detention Center

San Antonio sued DHS and ICE under NEPA to halt conversion of a nearly 640,000-square-foot East Side warehouse, bought for $66.1 million, into a detention center for up to 1,500 people.

In re 374 Square Feet in the City of Bradford (Appeal of DewBoi Properties, LLC): Pennsylvania Commonwealth Court Enforces $30,000 Condemnation Settlement for Bus Station Alley

Pennsylvania's Commonwealth Court enforced a $30,000 settlement for Bradford's taking of an alley strip for a bus station, rejecting the owner's bid to back out over a utility pole moved onto its lot.

Commercial Properties, Inc. v. Montgomery Civic Ballet, Inc. (Commercial Lease Default, Indemnity and Untimely Opposition)

Alabama's Supreme Court left intact a $65,827.50 rent judgment and an indemnity ruling against shopping-center tenant Montgomery Civic Ballet after striking its untimely summary-judgment opposition.

First Department Affirms $1.2 Million Jury Verdict for Preschool Tenant Against Bohemian Brethren Presbyterian Church Over Uncleared Building Violations

New York's First Department affirmed a $1,216,177.36 jury verdict for a preschool tenant against its church landlord, which failed to cooperate on city approvals the tenant needed to run the school.

Pacific Collective, LLC v. TGS CC Ventures, LLC: California Appeals Court Holds Build-to-Suit Landlord's Slow Land Purchase Let Jushi Unit Rescind Culver City Dispensary Lease

A California appeals court held a build-to-suit developer's delay in buying the land let a Jushi unit rescind its Culver City dispensary lease, defeating claims of more than $20 million.

Trustees Main/270, LLC v. ApplianceSmart, Inc.: Sixth Circuit Holds Shopping-Center Landlord Could Reject Replacement Tenants Tied to Its Defaulting Tenant

The Sixth Circuit affirmed a Columbus shopping-center landlord's judgment against big-box tenant ApplianceSmart and guarantor JanOne, holding it could reject replacement tenants tied to the defaulting tenant.

865 East 49th Street Associates LLC v. Valdo Auto Sales Corp.: Florida Appeals Court Upholds Zero-Dollar Fraud Award for Commercial Landlord Already Paid Back Rent

A Florida appeals court affirmed a landlord's $76,199.37 rent judgment against Valdo Auto Sales but zero damages on its fraud and unjust enrichment claims, which showed no separate loss.

Dunnavant Valley Dining LLC v. PRG Valley Post: $7.19 Million Default Judgment for Unpaid Rent at Chelsea, Alabama's Valley Post Dining Development

A Shelby County judge entered a $7.19 million default judgment for the Valley Post landlord against a Pihakis Restaurant Group affiliate that leased all four restaurant buildings, covering unpaid rent and fees.

Long Street Associates, LLP v. YMCA of Central Ohio: Ohio Appeals Court Upholds Tenant's Lease Termination Over $1.04M Build-Out Budget

An Ohio appeals court upheld the YMCA of Central Ohio's termination of its Columbus lease after the build-out budget came to $1,036,697.38, above the lease's roughly $523,100 termination threshold.

H. Roske & Associates LLP v. ESRT Empire State Building LLC: First Department Enforces Tenant's Waiver of Constructive Eviction

New York's First Department affirmed dismissal of a tenant's suit against ESRT Empire State Building, holding the tenant expressly waived constructive eviction in its lease and cited no breached provision.

Landlord Sues Physical Intelligence Over San Francisco Warehouse Holdover as Anthropic Waits to Move In

The owners of 2000 Folsom Street, a San Francisco industrial building, sued tenant Physical Intelligence for holding over and expanding into unleased space, seeking holdover damages exceeding $13,000 a day.

Microsoft v. JLL: Tenant Sues Project Manager for Defense and Insurance Coverage Over Forklift Injury During 122 Fifth Avenue Office Build-Out

Microsoft sued JLL, alleging it broke promises to defend and indemnify Microsoft and name it as an insured under JLL's $10 million liability policy after a forklift injury during an office build-out.

Odom v. Mall of Louisiana LLC (Wrongful-Death and Premises-Liability Suit Over Mall Food Court Shooting)

The parents of a 17-year-old killed in the April 23, 2026 Mall of Louisiana food court shooting sued the mall owner, operator Brookfield Properties Retail and its security contractor for wrongful death.

Colliers: National Retail Vacancy Dips to 4.3% in Q3 2026 as Absorption Hits Its Highest Level Since 2023

Trepp CMBS special servicing rate climbs to 11.49% in September, highest since February 2013

Cushman & Wakefield: U.S. Industrial Vacancy Falls to 6.8% in Q3 2026 as Net Absorption Hits 76.6 Million Square Feet