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Tag Archives: real estate

Real Estate – Takings Claim Survives for ‘Nuisance’ Cottages (access required)

Trustee Roc F. Sansotta v. Town of Nags Head A North Carolina beach town did not violate procedural due process and equal protection rights of the owners of six beachfront storm-damaged cottages declared to be “nuisances” under a town ordinance, but the 4th Circuit says the trial court erred in holding the owners’ takings claim was not ripe, and remands for further proceedings on that claim.

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Intellectual Property – Injunction Upheld for Real Estate Website (access required)

Metropolitan Regional Information Systems Inc. v. American Home Realty Network Inc. A real estate-listing website is temporarily enjoined from using photographs from online database compilers such as plaintiff, which operated local multiple listing services; although defendant website contends plaintiff cannot sue because it had not copyrighted the individual photos it used, the 4th Circuit says a subscriber clicking “Yes” to plaintiff’s terms of use prior to uploading copyrighted photos constitutes a written transfer of copyright, and the photos were registered as component parts of pre-existing material registered for protection.

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Non-performing loans can be a smart investment (access required)

The down economy has sparked a number of new investment opportunities, particularly for individuals with the good fortune of being flush with cash and having the ability to get creative without having to convince a lender that a deal is viable. One such investment that has become more prevalent since the recession is the purchase of non-performing loans.

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