Zoning & Land Use
Verified Update
Ruling Issued
Town of Marshfield v. Commonwealth (SJC Rejects Second Municipal Challenge to MBTA Communities Act)
The Massachusetts Supreme Judicial Court unanimously rejected a challenge brought by the Town of Marshfield and its select board to the MBTA Communities Act, the state law requiring 177 transit-served communities to zone for multifamily housing as of right. In a 22-page opinion issued September 18, 2026, Justice Serge Georges, Jr. rejected the town's unfunded-mandate, Home Rule Amendment, and Zoning Act claims and held that it lacked standing to assert its town meeting voters' constitutional voting rights, marking the second time the SJC has upheld the law against coordinated municipal resistance.
Not a monetary claim; upholds a statewide multifamily zoning mandate covering 177 MBTA-served municipalities
Sep 18, 2026
Massachusetts Supreme Judicial Court
Zoning & Land Use
Verified Update
Ruling Issued
Preserve Montgomery County v. Montgomery County (Judge Lets Sunshine Law Challenge to Amazon Data Center Incentives Proceed)
Cole County Circuit Judge Cotton Walker ruled September 18, 2026 that advocacy group Preserve Montgomery County has standing to continue its challenge to a Montgomery County, Missouri data center project tied to Amazon, denying most of the county's motion to dismiss while dismissing a related claim against the Missouri Department of Economic Development. The suit, filed in February 2026, alleges the county violated Missouri's Sunshine Law and failed to give legally required public notice before extending approvals and incentives to the project.
Not a monetary claim; advocacy group seeks to halt a data center project over alleged Sunshine Law and public-notice violations tied to county-extended incentives and an ARPA-funded grant agreement
Sep 18, 2026
Circuit Court of Cole County, Missouri
Zoning & Land Use
Verified Update
Filed
NSI, A.1 LLC v. City of Springfield (Developer Sues to Block Data Center Moratorium After Relying on City's Own Zoning Sign-Off)
Missouri developer Trent Overhue, through NSI, A.1 LLC, sued the City of Springfield on September 17, 2026 in Greene County Circuit Court, seeking to block a 120-day data center moratorium the city adopted June 29, 2026 from applying to his project. The six-count petition alleges the city had twice issued written zoning verification permitting a basement data-processing center at the site under its PD 251 planned-development zoning, and that the moratorium was adopted without the plan-commission review, public hearing, and Sunshine Law notice a genuine zoning change requires.
Not a monetary damages claim; developer seeks declaratory and injunctive relief blocking enforcement of a 120-day data center moratorium against a project it says the city already approved in writing
Sep 17, 2026
Circuit Court of Greene County, Missouri
REIT & Securities
Verified Update
Filed
Proven Business Skills v. Phoenix American Hospitality, LLC (Non-Traded Hotel REIT Securities Class Action)
Federman & Sherwood filed a securities class action against Phoenix American Hospitality, LLC, its two affiliated non-traded REIT funds, and president William Lee Nelson in the Northern District of Texas, roughly three months after the SEC settled fraud charges against the same defendants over the same conduct. The SEC alleged PAH and Nelson raised about $86 million from more than 2,000 retail investors by misrepresenting that a fund owned 'as many as 11 hotels' when it actually held only a preferred equity interest in a single hotel until January 2024.
$86M+ raised from 2,000+ retail investors across two non-traded REIT funds; class damages not yet quantified
Sep 16, 2026
U.S. District Court, Northern District of Texas
Zoning & Land Use
Verified Update
Filed
MLP Ventures v. Upper Merion Township (Renaissance Park Data Center Denial Appeal)
MLP Ventures, developer Brian O'Neill's real estate company, sued Upper Merion Township, its Planning Commission, and its Board of Supervisors in Montgomery County Court of Common Pleas on September 16, 2026, seeking to reverse the township's denial of five proposed data centers totaling more than 4.6 million square feet near King of Prussia. The suit follows an earlier round of litigation in which a judge briefly enjoined the township from acting on the applications, an order vacated hours before the supervisors unanimously denied the project on August 13, 2026.
5-building, 4.6M-square-foot data center campus
Sep 16, 2026
Montgomery County Court of Common Pleas, Pennsylvania
REIT & Securities
Verified Update
Pending
Eagle Nest Investments, LLC v. Spencer (Pavilion Park Below-Market Land Sale & Breach of Fiduciary Duty Trial)
Minority owners of Pavilion Park LC, a West Des Moines-area development entity, allege that manager William Spencer and his affiliated entities TJK Investments LC and Landmark Brokerage Inc. arranged to sell two Pavilion Park parcels to another Spencer-controlled entity, Wendover Reserve LLC, at prices well below fair market value and over the minority owners' objection. The bench trial concluded in early September 2026 in Iowa District Court for Polk County, with post-trial briefs due October 9, 2026.
Alleged combined shortfall of ~$8.7M across two parcels (126.52-acre commercial parcel sold for $11.4M vs. an alleged $18.34M fair market value; 25.52-acre residential parcel sold for $1.6M vs. an alleged $1.99M fair market value)
Sep 16, 2026
Iowa District Court for Polk County
Zoning & Land Use
Verified Update
Ruling Issued
Sheetz, Inc. v. City of Centerville (Ohio Supreme Court Allows Separate Damages Suit After Site-Plan Appeal Win)
The Supreme Court of Ohio ruled unanimously on September 15, 2026 that Sheetz, Inc. may pursue a separate civil action for damages against the City of Centerville after already winning an administrative appeal that found the city improperly rejected an approved site plan for a new travel-center store. Writing for the court, Justice Joseph T. Deters held that Ohio's R.C. Chapter 2506 administrative-appeal process cannot award damages and therefore does not require a party to raise a damages claim during that appeal to preserve it.
Damages claim for construction delay and lost revenue remanded for further proceedings; no figure yet determined
Sep 15, 2026
Supreme Court of Ohio
Eminent Domain
Verified Update
Ruling Issued
State of Idaho, Idaho Transportation Board v. Triple Crown Development, LLC (Business-Damages Condemnation Appeal)
The Idaho Supreme Court affirmed summary judgment against business-damages claims brought by Triple Crown Development, LLC and affiliated Thueson-controlled entities after the state condemned Triple Crown's land in Canyon County for a highway interchange. The Court held that Idaho Code section 7-711(2)'s business-damages remedy belongs only to the fee owner of the condemned parcel, not commonly controlled businesses on adjoining land, and separately rejected the state's request for attorney fees.
Business-damages claim rejected; underlying land value stipulated separately
Sep 14, 2026
Idaho Supreme Court
Commercial Lease Disputes
Verified Update
Pending
Palm Beach Marriott Singer Island Condominium Association, Inc. v. Urgo Hotels LP (Decade-Long Duplicative Resort-Fee Dispute)
The condominium association for the 239-unit Palm Beach Marriott Singer Island has moved for punitive damages and a temporary stay of a disputed per-occupied-day administrative fee charged by commercial operator Urgo Hotels LP, in litigation that traces back to a 2010 dispute over shared-facility charges at the Riviera Beach, Florida resort. The association's attorneys say damages tied to the fee since 2013 could exceed $45 million, with trial set for early 2027.
More than $45M in claimed damages dating to 2013, plus punitive damages sought
Sep 11, 2026
Circuit Court, Fifteenth Judicial Circuit, Palm Beach County, Florida
Zoning & Land Use
Verified Update
Filed
Blue Sky Towers IV LLC v. Town of Waldoboro (Wireless Tower Siting / Telecommunications Act Suit)
Blue Sky Towers IV LLC sued the Town of Waldoboro, Maine in federal court after its Board of Appeals unanimously denied a variance needed to build a 194-foot wireless tower roughly five miles from Route 1, outside a town ordinance limiting wireless facilities to within 300 yards of that corridor. The complaint alleges the restriction violates the Telecommunications Act's bar on local decisions that effectively prohibit personal wireless service, and separately claims the denial lacked substantial evidence.
Non-monetary; seeks injunctive relief compelling tower-siting approval plus attorneys' fees
Sep 11, 2026
U.S. District Court, District of Maine
Lending & Foreclosure
Verified Update
Filed
U.S. Bank N.A. v. 1592 Boston Street LLC (Bostonian Apartments Foreclosure)
U.S. Bank National Association filed a foreclosure complaint on September 10, 2026 in Denver District Court against 1592 Boston Street LLC, seeking to foreclose on the Bostonian Apartments, a 32-unit Aurora, Colorado complex, over a $3.28 million unpaid loan. The filing follows a Chapter 11 bankruptcy the borrower filed in January 2026 that was dismissed in May 2026 without a sale or refinancing.
$3,280,000 principal sought; property assessed at approximately $4.3M by Adams County
Sep 10, 2026
Denver District Court, Colorado
REIT & Securities
Verified Update
Ruling Issued
Hern v. Alexandria Real Estate Equities, Inc. (Securities Class Action Dismissed Over $2.2B Impairment Claims)
U.S. District Judge George Wu dismissed, without prejudice, a proposed securities class action accusing Alexandria Real Estate Equities and three of its executives of misleading investors about the strength of its life-science leasing pipeline, including a Long Island City, Queens property that took a roughly $206 million impairment. The court found lead plaintiff Warren Hern's complaint did not adequately allege that Alexandria's executives acted with the intent or severe recklessness securities-fraud law requires.
Putative class action tied to $2.2 billion in life-science property impairments recognized during the class period; dismissed without prejudice
Sep 8, 2026
U.S. District Court for the Central District of California
Lending & Foreclosure
Verified Update
Filed
Mack Real Estate Group v. X Denver Ownership (X Denver Apartments Receivership Suit)
New York-based Mack Real Estate Group asked a Colorado state court on September 4 to appoint an emergency, ex parte receiver over X Denver, a 450-unit apartment complex at 3100 Inca Street developed by Chicago-based The X Co., alleging the $170M construction loan it made against the property has been in default since the note matured in January 2025. The current record ownership of the property is unclear from public filings, a common feature of assets that have passed through workout or special-servicing arrangements since a loan's original closing.
$170M
Sep 4, 2026
Denver District Court, Colorado
Lending & Foreclosure
Verified Update
Filed
Jovia Financial Federal Credit Union v. S Indiana Avenue LLC (South Loop Office Foreclosure & Personal Guaranty Suit)
Jovia Financial Federal Credit Union filed a $17.1 million foreclosure lawsuit on September 4 in the Circuit Court of Cook County against S Indiana Avenue LLC, an entity controlled by investor Reuven Y. Rivlin, over a 129,200-square-foot South Loop office building. The building's sole tenant, an Illinois state agency housing the Department of Children and Family Services, terminated its lease for cause after the property accumulated dozens of unresolved code violations, and a subsequent forbearance agreement expired in June without a cure.
$17.1M sought, including under an unlimited personal guaranty
Sep 4, 2026
Circuit Court of Cook County, Illinois
Environmental
Verified Update
Ruling Issued
Transportation Consultants, Inc. v. Certain Underwriters at Lloyd's, London (Louisiana Surplus Lines Arbitration Ruling)
The Fifth Circuit held that an arbitration clause in a surplus lines commercial property policy covering Hurricane Ida damage in Louisiana is unenforceable against the nine domestic insurers subscribing to the policy, even though the same clause remains enforceable against the two foreign Lloyd's of London underwriters on the identical contract. The court, following its own precedents in Town of Vinton v. Indian Harbor Insurance Co. and Crescent City Surgical Operating Co. v. Interstate Fire & Casualty Co., also rejected the domestic insurers' argument that equitable estoppel should let them ride along with their foreign co-subscribers' arbitration rights.
Surplus lines commercial property coverage dispute; damages undisclosed
Sep 3, 2026
U.S. Court of Appeals for the Fifth Circuit
Premises Liability
Verified Update
Filed
Sanders v. Simon Property Group, L.P. (The Galleria Houston Parking-Garage Shooting Negligent-Security Suit)
The family of Anthony Sanders, a 30-year-old Marine Corps veteran shot and killed in a parking garage at Houston's Galleria mall on June 3, 2025, filed a negligent-security suit in Harris County District Court against Simon Property Group, HG Galleria LLC, and security contractors Allied Universal Security Services and GardaWorld Security Services, along with the individuals accused of the shooting. The complaint's central allegation is that the two suspects had previously been banned from the mall -- and were captured on video being removed by security more than once, including the day before the fatal shooting -- yet the property had no system in place to actually keep banned individuals out.
More than $1,000,000 sought
Sep 3, 2026
Harris County District Court, Texas
Eminent Domain
Verified Update
Ruling Issued
Town of Nahant v. Northeastern University (East Point Eminent Domain Reversal)
The Massachusetts Supreme Judicial Court reversed two lower court rulings and held that the Town of Nahant may proceed with an eminent domain taking of roughly 12.5 acres of Northeastern University's East Point land, rejecting the university's argument that the taking was an unlawful pretext for blocking its Marine Science Center expansion. Justice Elizabeth Dewar's September 3, 2026 opinion found the town's conservation and open-space purpose genuine and independently documented, even though stopping the university's project was also part of its motivation.
~$2.2M taking value estimated by the town; Northeastern has signaled it will contest that figure and warned of up to $9M in potential delay damages if the taking had been abandoned
Sep 3, 2026
Massachusetts Supreme Judicial Court
Commercial Lease Disputes
Verified Update
Ruling Issued
57th & 6th Ground LLC v. Carnegie House Tenants Corp. (Ground-Rent Arbitration Award Vacated for Arbitrator Non-Disclosure)
New York's Appellate Division, First Department unanimously vacated a $24 million ground-rent arbitration award against the Carnegie House cooperative on West 57th Street, finding the panel's neutral umpire had privately discussed a paid appointment as umpire in a separate arbitration with the landowner's counsel and omitted that contact from his disclosure while the arbitration was pending. The reversal overturns a January 2026 trial court decision that had confirmed the award under CPLR Article 75's demanding standard for vacatur, sending the ground-rent reset to a new arbitration panel.
$24M annual ground rent set by the vacated arbitration award (up from $4M), based on an underlying land valuation of more than $300M
Sep 3, 2026
Appellate Division of the Supreme Court of New York, First Department
Environmental
Verified Update
Pending
Stines v. PrimeBlock Operations, LLC (Data Center Noise Nuisance Remand Fight)
Residents Judith Stines and William Huffman filed a proposed class action against PrimeBlock Operations, LLC and affiliates Exponential Digital LLC and Innotech Z Inc., alleging unabated noise from a cryptocurrency-mining and AI data center near Murphy, North Carolina has substantially interfered with the use and enjoyment of roughly 1,000 nearby properties since the facility began operating in September 2021. After the case was removed to federal court, the plaintiffs moved on September 2, 2026 to remand it to state court, arguing their damages fall short of the amount-in-controversy threshold required for federal jurisdiction.
Proposed class of ~1,000 property owners; damages pled below federal CAFA threshold
Sep 2, 2026
U.S. District Court, Western District of North Carolina
Zoning & Land Use
Verified Update
Pending
Overhue v. Benton County (Second Missouri Developer Fights a County Data Center Moratorium in Court)
Developer Trent Overhue and his company NSI6 LLC asked a Missouri court for a temporary restraining order against Benton County's six-month, August 10, 2026 moratorium on new data center development, in arguments heard September 2, 2026. Overhue had committed on July 23, 2026 to purchase land for a data center project in the county but had not yet closed on the property, which the county argues places his project squarely within the moratorium's scope.
Not primarily monetary; developer seeks a temporary restraining order and injunctive relief blocking enforcement of a six-month county data center moratorium against a pending land purchase
Sep 2, 2026
Circuit Court of Benton County, Missouri
Lending & Foreclosure
Verified Update
Ruling Issued
Soros Fund Management v. Eretz Group (224 West 57th Street Foreclosure & Tenant-Takeover)
Soros Fund Management, which purchased a defaulted $145 million mortgage on 224 West 57th Street from original lender Aareal Capital Corp., took title to the Midtown Manhattan office building at a September 1, 2026 foreclosure auction after obtaining a $158.7 million judgment against owner Eretz Group. The building is occupied primarily by Open Society Foundations, George Soros's own philanthropic organization, meaning the property's anchor tenant effectively became its owner.
$158.7M foreclosure judgment (on a $145M original mortgage)
Sep 1, 2026
New York County Supreme Court
Zoning & Land Use
Verified Update
Ruling Issued
Advenir Azora Development, LLC v. City of Hendersonville (Zoning Denial Suit — Partial Dismissal)
Henderson County Superior Court Judge Troy Stafford dismissed two of three claims in Miami developer Advenir Azora Development's suit over the City of Hendersonville's January 2026 denial of a rezoning request for a 180-unit rental project on Haywood Road, but let the developer's core 'arbitrary and capricious' claim proceed. The suit followed the city council's unanimous denial of the LEO Hendersonville project's request to convert a 21-acre single-family subdivision entitlement into denser rental housing.
180-unit, 21-acre rezoning denial; declaratory and injunctive relief sought, no liquidated damages claim
Sep 1, 2026
Henderson County Superior Court, North Carolina
Lending & Foreclosure
Verified Update
Filed
Wilmington Trust v. Klor-Controlled SPNA Entities (137-Unit Chicago Condo-Deconversion Foreclosure)
Wilmington Trust National Association, as trustee for a Redwood Trust subsidiary holding debt originated by CoreVest, filed suit in Cook County Circuit Court to foreclose on 137 condominium units across seven Chicago towers personally guaranteed by Yitzy Klor, principal of Strategic Properties of North America (SPNA). The suit seeks nearly $51 million on two revolving credit lines, extended in November 2021 and January 2023, that together total $85 million.
~$51M sought in principal and accrued interest (excluding late charges, fees, costs) on $85M combined revolving credit lines
Aug 27, 2026
Circuit Court of Cook County, Illinois, Chancery Division
Zoning & Land Use
Verified Update
Filed
Alder at Lake Park, LLC v. Town of Lake Park (Affordable Housing Code-Enforcement Extortion Suit)
Alder at Lake Park LLC, an entity tied to Daniel Goldstein of Bofsa Properties, sued the Town of Lake Park, Florida in federal court in late August, alleging the town's attorney, Tom Baird, tried to coerce a sale of Alder's seven-parcel affordable housing assemblage by threatening that 'all problems would go away' if it sold to a developer he had lined up, then directed a code enforcement officer to issue 34 violations after Alder refused. The suit seeks to enjoin further code fines, compel the town to act on pending development applications for The Kelsey at Park Avenue, and recover damages; Baird has denied the allegations and called the suit retaliatory.
Injunctive relief plus unspecified damages
Aug 27, 2026
U.S. District Court, Southern District of Florida
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