27 new commercial real estate matters, October 19 – October 25, 2026
Every lawsuit, ruling and settlement added to the CREdocket tracker that week, grouped by practice area, with a one-line brief for each. Open any matter for the full write-up and its sources.
Landlord–Tenant (2)
Trucks Rx, Inc. v. Padilla Investments, LLC (Michigan Appeals Court Affirms $411K Lease Arbitration Award)
A Michigan appeals court affirmed a $411,131.50 arbitration award for landlord Padilla Investments after tenants abandoned a Detroit retail space cited for code violations they took on under an as-is lease.
Duffy v. Yardi Systems, Inc. (Multifamily Rent-Pricing Antitrust Suit)
A federal judge denied Yardi Systems summary judgment in a multifamily rent-pricing antitrust suit, letting renters pursue fuller discovery into its RENTmaximizer software.
Zoning & Land Use (6)
State ex rel. Bristolville 25 Developer, L.L.C. v. Village of Lordstown (Ohio Supreme Court Denies Data-Center Site-Plan Mandamus)
Ohio's Supreme Court denied Bristolville 25 Developer's bid to force Lordstown to review its site plan for a roughly $3.6 billion data-center campus, holding a temporary moratorium defeated the claim.
State ex rel. Sommers Development Group, L.L.C. v. Cuyahoga County Board of Elections (Zoning Referendum Challenge)
Ohio's Supreme Court refused to keep a citizen referendum off the Mayfield Heights ballot that could reverse a council rezoning for Sommers Development Group's planned townhome community.
Metropolitan Milwaukee Association of Commerce v. City of Port Washington: Judge Dismisses Business and CRE Groups' Challenge to Voter-Approval Rule for Large TIF Districts
An Ozaukee County judge dismissed business and commercial real estate groups' challenge to Port Washington's voter-approved rule requiring a referendum for tax incremental districts over $10 million.
Whidbey Environmental Action Network v. City of Oak Harbor: Washington Appeals Court Revives SEPA Challenge to Park-Land Ordinance Passed for a 107-Room Home2 Suites Hotel
A Washington appeals court held that Oak Harbor's ordinance easing the sale of park land for a 107-room Home2 Suites hotel parking lot needed environmental review under SEPA.
Grandview Heights Neighborhood Association v. Palm Beach County (Sunshine Law Challenge to $26M Convention Center Hotel Deal)
Two West Palm Beach neighborhood groups sued to void Palm Beach County's $26 million sale-leaseback financing for a 400-room convention center hotel, saying deal papers surfaced roughly 90 minutes before the vote.
Shadowbox Studios, LLC v. DeKalb County, Georgia (Data Center Moratorium Takings Suit)
Shadowbox Studios sued DeKalb County, Georgia, claiming its data-center moratorium blocks a project on a roughly 200-acre site staff said was permitted and cut its value by as much as $200 million.
Construction Defect (1)
Industrial Park Center LLC v. Great Northern Insurance Co. (Arizona Fortuity-Doctrine Coverage Ruling)
The Ninth Circuit on October 16, 2026 reversed summary judgment for Great Northern Insurance, reviving Mainspring Capital Group's $2.7M water-damage claim on its Tempe, Arizona building under Arizona's new 'fortuitous loss' test.
Lending & Foreclosure (5)
Alecko Capital v. Conlon (Guaranty Judgment Over Chicago's Former Rainforest Cafe Building)
A Cook County judge ordered the guarantor to pay lender Alecko Capital more than $10 million on an $8.3 million loan secured by the vacant former Rainforest Cafe building at 605 N. Clark Street.
Deutsche Bank Moves Toward Foreclosure on Vacant Former eBay Campus in San Jose
Deutsche Bank plans to foreclose on a vacant former eBay campus in North San Jose after its owners defaulted on an $88.1 million loan now at $98.4 million; Morningstar values it at roughly $54.7 million.
Elizon DB Transfer Agent LLC v. Hungerford Building Owner (Rochester Mixed-Use Foreclosure Appeal)
A foreclosure auction of Rochester's Hungerford Building set for October 29, 2026 was stayed after the owner appealed a referee's report putting the debt at $10,490,036.37 on an $8.25 million loan.
Jefferies LoanCore Declares Default on Archer Aviation-Anchored North San Jose Office Campus
An affiliate of KU Education defaulted on an $80 million Jefferies LoanCore loan on a roughly 287,370-square-foot North San Jose office campus that houses Archer Aviation's headquarters.
ACORE Capital Declares Default on GPI Companies' West End Office Campus
ACORE Capital recorded a notice of default against GPI Companies on West End, a 235,000-square-foot West Los Angeles creative office campus that reportedly remains entirely vacant, claiming more than $80 million owed.
Environmental (2)
Joseph F. Farivar Investment Group, Inc. v. HPC Vineburn, LLC (Groundwater Contamination Judgment Reversed)
A California appeals court reversed a $12,245,108.42 groundwater contamination judgment against the current and former owners of a Los Angeles industrial property over a 1,4-dioxane plume.
Sierra Club v. Wisconsin Department of Natural Resources: Settlement Leaves Vantage's $15 Billion Port Washington Data Center Permits Intact and Has Vantage Fund a Statewide Data Center Impact Study
The Sierra Club settled its suit over permits for Vantage's $15 billion Port Washington data center campus; the permits stand and Vantage will fund a statewide data center impact study.
Eminent Domain (1)
State v. 101 Franklin Derry, LLC: New Hampshire Jury Upholds Eminent Domain Takings of Developer's Land for I-93 Exit 4A
A New Hampshire jury unanimously upheld the state's eminent domain takings of two development companies' land in Derry for the I-93 Exit 4A interchange.
Commercial Lease Disputes (9)
Crocker Park, L.L.C. v. City of Westlake, Ohio (Right of First Refusal Revived on Reconsideration)
On reconsideration, an Ohio appeals court held Crocker Park waived its right of first refusal over a parcel in its Westlake mixed-use development by delay, while affirming its win on the city's counterclaims.
Lot 2 SBO, LLC v. Twitter, Inc. n/k/a X Corp.: Colorado Appeals Court Reverses $8.2M Boulder Office Rent Judgment Over Tenant-Improvement Rent Credit
The Colorado Court of Appeals reversed an $8.2 million rent judgment against X Corp. (formerly Twitter) over its Boulder office lease, holding the tenant-improvement rent credit applied automatically.
Colliers International NY LLC v. City Hall Commons LLC: First Department Affirms $307,326 Commission Judgment Against Landlord on Lease Renewal
New York's First Department affirmed a $307,326.18 judgment for Colliers against landlord City Hall Commons for a broker commission on a 2019 lease renewal.
VK Dental Group, Inc. v. Tender Touch Physical Therapy, PLLC (NY Appellate Division Revives $1M Sublease Rent Dispute)
New York's Second Department reversed a $1,004,426.20 sublease rent judgment for VK Dental Group, finding the sublessee's claim that VK breached on utilities and gas service raised a triable issue.
513 West 26th Realty LLC v. George Billis Galleries, Inc. (Guaranty Law Contracts Clause Ruling)
New York's First Department upheld New York City's pandemic-era guaranty law against a Contracts Clause challenge, reviving a gallery guarantor's defense to a landlord's commercial rent guaranty claims.
The Waffle, LLC v. Tucker Investment Group, LLC (Westwood Restaurant Lease Arbitration Affirmed)
A California appeals court affirmed an arbitration award for Westwood landlord Tucker Investment Group in a restaurant tenant's suit over a 3,000-gallon grease interceptor the landlord was to install.
USPA City Center, LLC v. Law Offices of Jason W. Estavillo, P.C.: California Court Publishes Ruling Upholding $1.2M Future-Rent Award on Oakland Office Lease
A California appeals court published its ruling upholding $1,219,015.63 in future rent for the landlord of 555 12th Street in Oakland against a defaulted law-firm office tenant.
Salha and Abu Ali Cafe v. 2020 Harwin 59 Shopping Centers (Restaurant Lease Repair and Sublease Dispute)
A Texas appeals court affirmed summary judgment for a Houston shopping-center owner against a restaurant tenant's repair and sublease claims, plus $23,580 trial and $15,000 appellate fee awards.
62 Wooster, LLC v. TML N.Y. Inc. (Good Guy Guaranty Surrender Dispute)
New York's First Department held guarantors of a SoHo retail lease were released when the tenant physically vacated in 2020, defeating the landlord's claim for roughly $307,577.08 in unpaid rent and damages.
Premises Liability (1)
BSC Realty Services, LLC v. Valcourt Building Services of Georgia, L.C.: Georgia Appeals Court Revives Building Manager's Indemnity Claim Over Rooftop Cooling-Tower Fall
A Georgia appeals court revived building manager BSC Realty Services' indemnity claim against contractor Valcourt over a rooftop cooling-tower accident, finding fact issues on causation.
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