Archive for the ‘commercial property’ Category

Force the (Legal) Issue, Before Courts Are Overpowered

For folks who cannot get enough of the argument that force majeure has excused anyone from performing an unpleasant or difficult contract obligation, you’ll want to watch Pacific Collective LLC v. Exxon Mobil, filed in Los Angeles County Superior Court, in Case No. 20-STCV-13294. In that litigation, the Plaintiff California retail developer (Pacific) claims the […]


The January 4, 2012 dismissal (without prejudice to refile) by the Honorable Susan Bolton in the State of Arizona v. Burke et al. lawsuit  illustrates the first-year law student lesson that there must exist  a case or controversy, which the State of Arizona had the burden to show existed, in order to qualify the State as a party with an interest […]

Dark Days for Digital Billboards, and Gloom for Mortgagors

Two new opinions from Arizona’s appellate courts deserve the attention of real property mavens. The first is the new Arizona Supreme Court opinion of JULIA V. VASQUEZ v. SAXON MORTGAGE INC., et al, CV-11-0091-CQ. CQ stands for certified question; the Supreme Court was asked by a federal bankruptcy court to answer whether under state law […]

Contractor No Te Amo, Taco Bell! Mechanics’ Lien Elucidation

The Court of Appeals decided Delmastro & Eells v. Taco Bell Corp. about 3 weeks ago, and the opinion taught a few lessons about when a Mechanic’s Lien can turn into a quicksand trap under Arizona’s groundless lien statute. The opinion is worth reading for review of several important propositions of mechanic’s lien law. D […]

Elevating a Conversation About Trustees’ Sales

TD performed a trustee’s sale to foreclose on the Elevation Chandler property. PCF owned the loan and gave a specific opening (credit) bid to TD as Trustee under the Deed of Trust. BT jumped the credit bid and was declared the prevailing bidder in June, 2009. The next day, in accordance with trustee’s sale statutes, […]

Landlords Rolling with Medical Marijuana Commercial Tenants – A New Dynamic, Part One

In this and four subsequent posts, I’m discussing from the landlord perspective some insights into leasing to medical marijuana enterprises space in commercial buildings, primarily in industrial and light assembly (commerce park-style) projects.  Fourteen states and the District of Columbia have approved the sale to licensed patients of smoke-able and consumable versions of Cannabis.  Another […]


Here’s another New Year’s wish for my home town: Let’s figure out how to integrate some public parks into where the people live in the urban core.  See, Phoenix has a remarkable number of acres devoted for public parks, and some are truly magnificent for desert vistas and hiking opportunities.  Last time I checked, Phoenix’s […]

T-Rex Towers: Do Offices Face Extinction? (Part One)

I’ve been off the blogosphere for a while, working on an article–on the future of single-family housing after the credit and banking debacle subsides–to appear in, of all things, print. It’s now also posted on, the Web site of the Social Science Research Network. (If you’re on that site, hit the “search” magnifying glass […]


I’ve been reading long, gas-baggy recorded documents like Declarations of Easements and Restrictive Covenants for so long that my eyes instinctively roll back, revolting at their recognition of the familiar stack of paper. These instruments are particularly prevalent in shopping centers and office and industrial parks, and mixed use projects that incorporate varieties of commercial […]