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By : Mike Schopmeyer

As the COVID economy reopens, should you protect your business with a waiver?

There are many occupations and industries in which the COVID-19 6-foot social distancing recommendation of the CDC is impractical or impossible to meet. This is true for beauticians, barbers, massage therapists, servers, personal trainers, and bus and taxi drivers, just to n...

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Overreaching U.S. EPA Defeated by Neighbors’ State Claims

The U.S. Supreme Court’s April 20, 2020, decision in Atlantic Richfield Co. v. Christian held that a group of 98 Montana property owners neighboring a closed copper smelter were permitted recovery under State law and under Federal law.

Right to Farm Act Plows Through Challenge

Group of Pink Pigs on CageA constitutional challenge to Indiana’s Right to Farm Act (“RTFA”) was recently tossed by the...

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Locally Based, Globally Capable

For 20+ years, Kahn, Dees, Donovan & Kahn has been affiliated with Meritas Law Firms Worldwide, a global alliance of closely connected, yet independent law firms that each offer a full range of high-quality, specialized legal services.  KDDK's affiliation with Meritas enables our Evansville-base...

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Court Limits DNR’s Rule on Waterfront Rights

The Indiana Court of Appeals recently held that an Indiana landowner’s attempt to exclude the public from access to waterfront property on Lake Michigan was contrary to Indiana law. Specifically, this homeowner sought a declaratory judgment to confirm his alleged right to exclude the public. In addi...

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3 Reasons Real Estate Sites Miss Short Lists

Having worked on real estate development projects and served regional economic development agencies, we have heard many site selectors' differing perspectives. However, those site selectors and their job-producing global clients repeat three (3) key points that owners, developers and their communiti...

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Turmoil in Big-Box and Chain Store Property Tax Assessments

The recent property assessment battle for big-box retail stores may turn out to be short lived. In the December 2014 case of Meijer Stores v. Marion County Assessor (available here), the Indiana Board of...

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Settle or Risk Paying Both Sides’ Legal and Expert Fees

The Sierra Club recently lost a case against a utility company in which it alleged that particulate matter emanating from a Texas coal-fired power plant violated federal environmental laws. In Sierra Club v. Energy Future Holdings Corp., No. W-12-CV-108 (W.D. Tex. March 28, 2014), the Unite...

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Achieving Value and Security in Supply Contracting

Security and value – win/win objectives sought by both sellers and buyers in negotiating supplier documents. Where pursuit of these objectives is sincere, one finds healthy supplier/purchaser relationships. Long-term profitability more often follows. This is rarely more apparent than in this week’s ...

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Tenants Beware: Follow EPA’s new guidance or succumb to environmental liabilities?

Often overlooked, commercial real estate tenants, like buyers, should undertake environmental assessments before entering leases. Tenants are title holders just like buyers. Thus, they face succumbing to potentially expensive clean-up liabilities far exceeding a real estate tract or lease’s value.  ...

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