February 2014

Recognizing the Difference between a Lease and a License in Connecticut

Although the terms are often used interchangeably, a lease and a license are distinctly different under Connecticut law. In its simplest form, a lease is a contract that conveys an exclusive possessory leasehold interest in property; whereas, a license is …

Franchisor Issues in a Lease to a Franchisee: How to Avoid Allowing the Franchisor to Crash the Party

This article will address issues which arise in the context of a lease by a landlord to a franchisee and the issues raised by a franchisor in a proposed addendum to the lease. The franchisor has legitimate interests it desires to protect. A well-structured…

Site Plan Modifications – Traps for the Unwary

Change is inevitable. Projects evolve. Seemingly simple changes to approved projects can sometimes cause unexpected complications. One project we recently worked on illustrates this. A client had obtained site plan approval for a restaurant. Before beginni…

January 2014

Ann Taylor Made Out like A Bandit in Co-Tenancy Dispute

It is often said that co-tenancy provisions in leases usually lead to unintended consequences. Nowhere was this adage more vividly demonstrated than in a recent case decided by a federal district court in Connecticut, titled Kleban Holding Co. LLC v. Ann T…

2014 Real Estate Tax Abatement Process

It is time for property owners to review their tax assessments to determine if a tax abatement or appeal is warranted. Hinckley Allen has successfully handled numerous tax abatements and tax appeals in Connecticut, Massachusetts, New Hampshire, and Rhode I…

The Law of Unintended Consequences: Co-Tenancy Provision in Ann Taylor’s Lease Triggers an $800,000+ Windfall (Plus Attorney’s Fees) for Tenant

It is often said that co-tenancy provisions in leases usually lead to unintended consequences. Nowhere was this adage more vividly demonstrated than in a recent case decided by a federal district court in Connecticut, titled Kleban Holding Co. LLC v. Ann T…