HSB Blog

Whose Lane Is It Anyway? The Case for a Statutory Scheme of Road Dedication in South Carolina

November 11, 2022

Attorneys of a certain age may fondly remember watching a particularly absurd ABC Family comedy game show in the late ‘90s and early ‘00s. Anchored by host Drew Carey (the real Drew Carey, not the svelte, bespectacled hipster who now tells you to get your pets spayed and neutered on The Price is Right) and his signature tagline “Where the rules are made up, and the points don’t matter!”, Whose Line Is It Anyway was a staple on the boxy living-room TVs of my youth.

A Scottish Legend and an Open Question: When Can SC Landowners Amend “10-Year” Restrictive Covenants?

July 06, 2021

According to myth, there lies in the Scottish Highlands a village untouched by reality or time. Immortalized by the 1940s Broadway musical and later Gene Kelly film of the same name, this is Brigadoon—an enchanted place that appears from the mist and becomes visible and visitable by outsiders for just one day every one hundred years. After those 24 hours, it fades away—inaccessible until the next centenary.

Are incentives for mixed-use developments legitimate?

August 06, 2020

For some time now, questions have hovered over a certain kind of incentive deal. Where most agree that it’s fine to use incentives for manufacturers, distribution centers or corporate headquarters, what about large-scale mixed-use real estate developments? In particular, what if part of the project rents apartments?

National Security Concerns in Real Estate Transactions

September 04, 2018

In late 2012, an American company, Ralls Corporation, with two Chinese ultimate owners, purchased certain wind farm projects in Oregon, including associated real estate. What began as a routine cross-border transaction sparked a three-year lawsuit between Ralls Corporation and the Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee housed within the Executive Branch and tasked with reviewing foreign investments in the U.S. based on national security concerns. In a nutshell, CFIUS determined that Ralls Corporation’s acquisition of the wind farm projects posed a national security threat, and required Ralls Corporation to divest its interest in the project.

Wait - Who Do You Work For?

August 28, 2017

Court of Appeals reverses judgment for bank customer on breach of fiduciary duty claim in case where representations in question were made by an individual that was not employed by the Bank at that time.