Real estate disputes

Defended individuals against a complex third-party indemnity claim arising out of a failed residential development.  The court granted our clients’ motion for summary judgment and awarded full attorneys’ fees and costs.

Represented Oregon Health & Science University in resolving questions with the City of Portland regarding funding obligations for the construction of an aerial tram built pursuant to a complex land development agreement.

Represented buyer of real estate in claims for breach of $120 million real estate contract. Settled while on appeal.

Represented building owner for breach of master lease arising from presence of asbestos. Settled at trial.

Represented an airpark board member in a complex real estate dispute involving the easement rights to, and governance over, a private residential airplane landing strip in Clackamas County, Oregon.  The lawsuit involved a homeowners’ association and allegations of fraud, breach of contract, breach of fiduciary duties, as well as shareholder derivative claims, injunctive relief, and the cancellation of recorded instruments. The case was favorably settled following mediation.

Defended real estate investment firm against 40 investors in a four-week arbitration alleging rescission, fraudulent concealment, breach of fiduciary duty and negligence in regards to real estate investment losses.  After the third week of arbitration, we filed a motion for directed verdict on behalf of our client. The panel granted our motion on all claims and dismissed all claims against our client. The panel went beyond the narrow confines of the motion and additionally found that no fraudulent misrepresentations had been made and that any losses were caused by the economic downturn.

Defended local real estate company in dilution claim brought by minority shareholder. Following trial, court found in favor of client.

Represented real estate investor against claims for breach of contract, rescission and unjust enrichment arising from purchase of dairy farm, resulting in dismissal of all claims with prejudice.

Represented an accomplished appraiser of commercial real estate in the Oregon Court of Appeals. Client had been hired by a prospective purchaser of a large tract of land to review an appraisal of the property. When the prospective purchaser declined to buy the land, the seller sued client for intentional interference with business relations and breach of contract under a third-party beneficiary theory. Another law firm represented our client in the trial court, and referred the case to the firm for the appeal. We found a favorable way to resolve the dispute before the Court of Appeals issued a ruling. 

In a related suit, Markowitz Herbold sued the appraiser’s insurance brokers after they failed to procure appropriate liability insurance for him. The insurance dispute was resolved quickly on favorable terms through an informal document exchange and mediation.  

Represented real estate investors in connection with claims of fraud and concealed defects related to investment property. Successfully resolved matter without litigation.

Defended Colliers International Valuation in a matter involving alleged professional negligence and negligent misrepresentation regarding a real estate appraisal. The case resulted in complete victory for our client after winning two summary judgment motions.

Represented national fitness company in dispute against landlord. Prevailed at trial and awarded damages for breach of contract, injunctive relief and attorney fees.

Defended mortgage company against claims by proposed borrower for breach of fiduciary duty and violations of Real Estate Settlement Procedures Act and Truth in Lending Act. Settled before trial.

Defended the Management Committee members from breach of fiduciary duty claims arising out of a lending company's loans to real estate ventures. During discovery, obtained testimony from one of the plaintiffs that his claims against our clients were not well founded because the Managers had acted prudently in managing the LLC. Obtained a favorable settlement.

Represented purchasers of new multi-million dollar Street of Dreams home built on landslide against builder, developers, subcontractors, and geotechnical engineers for negligence, breach of contract and unfair trade practices. Successfully settled during jury trial.

Represented owner of 18-story Class A office building on claims against lessor for breach of 30-year master lease arising from maintenance issues and presence of asbestos. Obtained jury verdict of $7.5 million plus attorneys' fees.

Represented convertible equity members to enforce their rights to purchase a golf club and related facilities. Obtained temporary restraining order precluding increase in dues and injunctive relief requiring sale to members. Prevailed in court to mandate sale. Prevailed in arbitration to obtain multi-million dollar discount of sales price.

Defended retail drug store in lease dispute concerning rent due during option periods. Successfully obtained summary judgment ruling dismissing landlord's claims for increased rent.

Defended convenience store operator against claims of violating reciprocal access easement and prosecuted counterclaim for injunctive relief to prevent plaintiff from blocking access.

Represented owner of downtown commercial properties in dispute with business partners over allocation of costs and expenses related to management and operation of properties. Resolved dispute with restructuring of ownership interests without litigation.

Represented commercial tenant in eviction action. Following trial, court found in favor of tenant.

Prosecuted claims for injunctive relief and economic damages against landlord and neighboring pharmacy operator for violating exclusivity provision within lease. Case settled after litigation TRO, preliminary injunction and summary judgment motions.

Represented river conservation organization to enforce option agreement for purchase of environmentally critical Sandy River waterfront property. Court sided with our client and enforced option agreement.

Prosecuted claims for breach of restrictive covenant, equitable servitude,  prescriptive easement, and injunctive relief against neighboring business and property owner. Court granted TRO and preliminary and permanent injunctions. Court later granted motion to hold defendant in contempt for violating prior orders.

Harry represented amicus curiae the Oregon Department of Land Conservation and Development in an appeal concerning the proper interpretation of Oregon's land use rules. Harry wrote the brief and argued the case before the Oregon Court of Appeals. The Court adopted the DLCD's position in a published opinion.

Represented seller of real estate. Secured reversal on appeal from trial court judgment that seller, who gave quitclaim deed, was nonetheless responsible for having conveyed defective title.