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German court: naked landlord doesn’t justify lower rent
Law Firm News |
2023/04/26 23:31
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A German court said Wednesday that a landlord sunbathing naked in the courtyard of his building wasn’t a reason for his tenants to reduce their rental payments.
The case involved a building in an upmarket residential district of Frankfurt, which included an office floor, rented by a human resources company. The company withheld rent because it objected, among other things, to the landlord’s naked sunbathing. In response, the landlord sued.
The Frankfurt state court rejected the company’s reasoning, finding that “the usability of the rented property was not impaired by the plaintiff sunning himself naked in the courtyard.”
It said in a statement that it couldn’t see an “inadmissible, deliberately improper effect on the property.”
Judges were ruling on an appeal against a lower court decision that went in the landlord’s favor, and the tenant had only limited success overall. They found that the tenant had been entitled to reduce rental payments for three months only because of noisy construction work in the neighborhood.
The court said that the spot where the landlord sunbathed could only be seen from the rented office by leaning far out of the window.
It also said the tenant failed to prove that he took the stairs to the courtyard unclothed. “On the contrary, the plaintiff stated credibly that he always wore a bathrobe which he only took off just before the sun lounger,” it said. |
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Court denies request to lift gag order in Idaho killings
Court Issues |
2023/04/22 07:54
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The Idaho Supreme Court on Monday rejected a request by 30 news organizations to lift a gag order in the criminal case of a man accused of stabbing four University of Idaho students to death.
The high court did not weigh in on whether the gag order, which prohibits attorneys, prosecutors, law enforcement agencies and others involved in the case from talking to the news media, violates the First Amendment rights of a free press. Instead, the unanimous Idaho Supreme Court justices said the news organizations should have brought their request to the magistrate judge who issued the gag order.
“This Court has long respected the media’s role in our constitutional republic, and honored the promises in both the Idaho Constitution and First Amendment to the U.S. Constitution,” Justice Gregory Moeller wrote in the decision, going on to quote a ruling from a federal case that said responsible press coverage, “guards against the miscarriage of justice” by subjecting the court system and those who are a part of it to public scrutiny.
Still, Moeller wrote, the balancing act between the First Amendment protections afforded to the press and the Sixth Amendment fair trial rights promised to defendants has become increasingly difficult with the advent of the internet and social media.
Though those are “well-guarded rights,” Moeller said, news organizations who wish to challenge gag orders should start at the lower courts and work their way up to the state’s highest judicial bench, rather than approaching the Supreme Court first.
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Appeals court halts House interview with ex-Trump prosecutor
Legal Interview |
2023/04/20 21:27
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A federal appeals court has temporarily blocked House Republicans from questioning a former Manhattan prosecutor about the criminal case against ex-President Donald Trump, the latest twist in a legal battle between Manhattan District Attorney Alvin Bragg’s office and the House Judiciary Committee.
The 2nd U.S. Circuit Court of Appeals issued an administrative stay late Wednesday, hours after a lower court judge ruled there was no legal basis to block the Judiciary Committee’s subpoena to former prosecutor Mark Pomerantz. Committee chair Rep. Jim Jordan, an Ohio Republican, had sought to question him Thursday.
In issuing the stay, Judge Beth Robinson noted that her order “reflects no judgment regarding the merits” of the case. A three-judge panel will ultimately weigh whether to uphold or overturn the lower-court’s decision. Robinson, a Biden appointee, set an aggressive briefing schedule, ordering Bragg’s office to file court papers detailing its appeal by Friday and for the Judiciary Committee to submit its response by Saturday.
Bragg’s office appealed to the 2nd Circuit hours after U.S. District Judge Mary Kay Vyskocil rejected his request for a temporary restraining order, ruling Wednesday that Jordan had a valid legislative purpose in issuing the subpoena. |
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Bando Apartments in Los Angeles, California
Press Release |
2023/04/19 00:26
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A Koreatown property once slated for redeveloped with senior housing will instead be folded into a new mixed-use apartment complex, per an application submitted earlier this month to the Los Angeles Department of City Planning.
Led by Chairman Kwon Hong-sa, the Korean developer began considering the project two years ago and bought the land in LA in July 2019, the company said. Construction is expected to be complete in May 2022.
“The Bora 3170 will become a landmark in Korea Town in LA, and a new success model for overseas construction projects, after the Ubora Towers in Dubai,” a Bando E&C representative said.
The building will serve both commercial and residential purposes, and will be able to accommodate 252 households in 115 studio apartments, 131 one-room apartments and six two-room apartments, the company said.
TOP LUXURY FEATURES ONLY at The BORA 3170
- Fitness Center
- Pool & Spa
- Roof Top BBQ Grill
- Indoor Screen Golf
- Lounges/Club Room with TV Lounge
- Gated Safe Parking
- Package Tracking System
- Outdoor Living Deck
- TESLA EV Charger & Universal EV Charger
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