Paul Carroll has represented a diverse client base both regionally and nationally in complex real estate litigation in the state and federal courts of Illinois and other states.  Paul's practice includes representing the following types of real estate clients:

•     Developers
•     Buyers
•     Lenders
•     Shopping Center Developers and Owners
•     Contractors
•     Landlords
•     Banks
•     Tenants

Paul has litigated matters with respect to many real estate products, including, office retail, condominium, unimproved land, and industrial land.  The following is a sample of the types of matters to which Paul has devoted his practice:

•     Real Property Law/Easements and Covenants of Record
•     Condominium
•     Evictions and other commercial lease disputes
•     Title Claims
•     Title Coverage Disputes
•     Partnership Fiduciary Duty Disputes
•     Injunctions
•     Specific Performance
•     Condemnation

Paul's hands-on approach to solving clients' real estate related disputes and problems, his presentations to industry groups, and his commitment to the Chicagoland community have served his clients well and resulted in many successes.

Recent Representative Matters

• Represented regional bank in dispute concerning a restrictive covenant affecting the development of an outparcel property.  Successfully obtained release of restrictive covenant for nominal consideration pre-trial.
• Represented national chain of retail optical stores in a dispute with Chicago-based developer seeking to alter client's premises to facilitate substantial renovation/redevelopment of downtown Chicago office building. Successfully obtained both preliminary and permanent injunctive relief enjoining developer from infringing on tenant's leasehold interest and significant rent concessions from developer in order to obtain future cooperation with redevelopment efforts.
• Represented mining concern in dispute over disbursement of $5 million held under the terms of an escrow agreement executed in connection with a settlement of a condemnation action.
• Represented numerous condominium developers in disputes with independent condominium boards concerning allegations of (1) construction defects; (2) underfunded capital reserve accounts, and (3) underpayment of assessments prior to turnover to association. Also represented numerous condominium developers in partnership disputes concerning construction cost overruns and breaches of fiduciary duties.
• Represented numerous sellers and buyers in lawsuits seeking specific performance.
• Represented several downtown office building owners in numerous lawsuits filed by current and former tenants disputing the allocation and calculation of expenses and real estate taxes.  
• Represented landowners from neighboring landowner's lawsuit alleging the existence of a prescriptive easement.
• Commercial lease litigation.
• Condemnation actions.
• Mortgage foreclosure actions.

Published Opinions

• Oak Creek Plaza, Ltd. v. America's Best Contacts & Eyeglasses, Inc., Not Reported in F.Supp.2d, 2004 WL 139581 (N.D.Ill., June 21, 2004) 
• CC Industries, Inc. v. ING/Reliastar Life Ins. Co., 266 F.Supp.2d 813 (N.D.Ill., June 10,2 003)
• Pronto Two, Ltd., v. Tishman Speyer Monroe Venture, 274 Ill.App.3d 624, 653 N.E.2d 1327, 210 Ill.Dec. 865 (Ill.App. 1 Dist., Aug 02, 1995)
• Freeman United Coal Min. Co. v. Office of Worker's Compensation Programs, 999 F.2d 291 (7th Cir., Aug 04, 1993) 
• Freeman United Coal Min. Co. v. Office of Worker's Compensation Programs, 988 F.2d 706 (7th Cir., Mar 04, 1993)
• Bank of Northern Illinois v. Nugent, 223 Ill.App.3d 1, 584 N.E.2d 948, 165 Ill.Dec. 514, RICO Bus.Disp.Guide 7924 (Ill.App. 2 Dist., Dec 24, 1991)
• Medley v. Strong, 200 Ill.App.3d 488, 558 N.E.2d 244, 146 Ill.Dec. 281 (Ill.App. 1 Dist., June 21, 1990) 

Presentations

• The Development Approval Process in Illinios - Litigating Land Development Issues, March 2008
• Land Use Litigation, October 2007
• The Development Approval Process in Illinios - Litigating Land Development Issues, October 2007
• Identifying and Resolving Title Issues, Coverage Issues, April 2007
• New Developments in Illinois Eminent Domain Law and Title Insurance, Chicago Mortgage Attorneys Association, September 2006
• Kratovil Conference for Real Estate Law and Practice - The Takings Clause and Lingle v. Chevron, Regulations, Exactions and Eminent Domain, September 2006
• The Development Approval Process in Illinios - Litigating Land Development Issues, August 2006
• Law of Easements, Legal Issues and Practical Considerations, March 2006
• Land Use Law Litigation Update, March 2005
• Accomodating Golfers with Disabilities, National Golf Course Owners Association Solutions Summitt, February 2005

Articles

• How Not to Purchase an Outparcel, Shopping Center Business, November 2007
• Final Preparations for Trial, Illinois Civil Practice Series (Illinois Institute for Continuing Legal Education)
• Handling the Holdover Tenant, Chicago BOMA Report

News

• Gould & Ratner Attorneys Participate in Seminar on Title Issues in Illinois