Real Estate Litigation
Gould & Ratner attorneys have been retained by property owners and developers involved in a wide range of real estate related litigation relating to contract, brokerage, lease, construction, zoning and condemnation issues, among others. Examples of our work in this area include:
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Industrial Lease Litigation. Gould & Ratner represented the owners of an industrial building near O'Hare airport in a breach of contract and fraud action brought by a former tenant seeking to enforce a lease termination agreement which would require sharing of rents over the remainder of a 30-year term. After a jury trial, the court entered directed verdict in favor of the building owner on the fraud and punitive damages claim.
Contract Enforcement Litigation. The firm successfully obtained specific enforcement of a real estate purchase contract, including an award of attorney's fees to our client after a bench trial in the Circuit Court of Cook County.
Commission Litigation. Gould & Ratner successfully defended a commercial/industrial real estate broker in an action brought by another broker to recover a commission on the sale of an industrial building. The case was tried before a jury, which found in favor of our client as the procuring cause of the transaction.
Zoning/Land Use Dispute. The firm represented a commercial real estate developer in a zoning and land use dispute involving placement of a supermarket plaza adjacent to a suburban residential area. We negotiated a settlement in this case.
Condemnation Litigation. Gould & Ratner prosecuted a lawsuit in Alexandria, Virginia for breach of contract, fraud and fiduciary duty to consolidate four parcels of real estate for a $20 million residential/golf course community faced with condemnation proceedings by county government.
Partnership/Joint Venture Dispute. The firm represented the managing partner of a partnership asserting and defending alleged breaches of partnership and joint venture agreements for construction and sale of a $15 million golf course. Resolution of this dispute required interaction and negotiation with county and city government officials over zoning and land use issues.
Lease Termination Litigation. The firm successfully obtained rescission of a commercial lease based on a claim of economic duress, after a bench trial in the Circuit Court of Cook County, Illinois.
Mortgage Bankers Commission Claim. Gould & Ratner defended the developer of a commercial office center located on the Tri State Tollway, against the claim of a mortgage banker who allegedly arranged a portion of the financing. The case settled on favorable terms for our client.