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Real estate developers face a complex, evolving landscape for wetland permitting in Florida in light of the loss of the state’s permitting authority, combined with recent federal executive actions and changes to Section 404 of the Clean Water Act (the “CWA”). These state and federal developments create challenges for developers seeking to build hospitals, schools or housing in or near wetlands in Florida.
Context and Legal Background
Section 404 of the CWA regulates the discharge of dredged or fill…
Continue Reading Developers Beware: How the Evolving Battle Over Wetland Permitting Is Impacting Florida Real Estate Projects

  • Hospitalogy recently compiled statistics tracking the top health systems along several metrics, as of January 1, 2025, including total revenue (Kaiser Permanente), patient service revenue (HCA Healthcare) and patient revenue growth (BJC Health System).
  • Health system margins dipped below 1% for the first time in 15 months, according to a recent report. The report attributed this drop to a 5.6% year-over-year increase in labor costs and a 9.1% increase in total non-labor expenses.
  • Hall Render recently published an article

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    Continue Reading Weekly Hospital Real Estate Briefing

    New house building at the construction site.
    New house under construction, front view from garage door entry with clouds blue sky. Framing of home exterior structure with a pile of lumber and siding plank leftover. Real estate business industry.

    In a case recommended for publication (Dyersville Ready Mix Inc. v. Iowa Cnty. Bd. of Supervisors, No. 2024AP1091, 2025 WL 1078289 (Wis. Ct. App. 2025)), the Wisconsin Court of Appeals recently held that local governments may consider the allowed conditional uses in a zoning district when deciding a rezoning application.  
    What Did the Property Owner Propose?
    Dyersville Ready Mix Inc. d/b/a BARD Materials applied to Iowa County to rezone a 100-acre property located in the Town of…
    Continue Reading A Local Government May Consider Conditional Uses in a Zoning Category In Reviewing a Rezoning Application

    For developers, adeptly navigating the intricate web of zoning laws and regulations is paramount to ensuring that projects not only comply with local ordinances but also align with community standards.

    Understanding Zoning Regulations

    Zoning laws are essential for urban planning, dictating how land can be used. They help maintain order and prevent conflicts between different land uses, like residential and industrial areas.  Developers must possess a thorough understanding of these laws to avoid legal disputes and project delays. Interpreting…
    Continue Reading Zoning and Legal Compliance: Key to Successful Downtown Development

    We are taking a break from our regular briefing this week to focus on a list of trends we are seeing in the market. Take a look at our list—if we didn’t cover a trend you are seeing in the market, send us a note. We always enjoy hearing from our readers. As always, if we can be of service to your organization, please do not hesitate to reach out.

  • Alternative Financing Solutions – Hospital systems are increasingly focused

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    Continue Reading Weekly Hospital Real Estate Briefing: Top 10 Real Estate Market Trends We’re Tracking

    Artificial Intelligence (“AI”) is coming and it is coming fast. It is poised to transform industries, automate complex tasks, analyze data faster, and supposedly make smarter decisions for businesses.  In particular, the demand for AI will change real estate and rural America, due to heightened demand for data centers.

    Tech companies including Meta are pressing into unexpected parts of the country, on the hunt for huge swaths of flat land that have access to natural gas and transmission lines.
    Continue Reading Rural Illinois Data Center Boom: Landowners, Are You Ready?

    Discovering an undisclosed problem shortly after moving into a newly purchased house can be an aggravating experience for a new homeowner.

    It is particularly frustrating for the homeowner who obtained a pre-purchase inspection as part of the house purchase. When the basement of the house begins to experience water intrusion after every rain, the homeowner begins to theorize that the home inspector negligently overlooked critical signs during the inspection.

    Kevin Trost, U.W. 1998, is the founding member of…
    Continue Reading What Home Inspectors Aren’t Legally Responsible for May Surprise You

    On August 7, in Frazier v. Equifax Information Services, LLC, the United States Court of Appeals for the Seventh Circuit affirmed a lower court’s decision to grant summary judgment to defendant Equifax, a consumer credit reporting agency (CRA), in a case brought under the Fair Credit Reporting Act (FCRA).
    Continue Reading Will Credit Bureaus Continue to Escape Justice? Part 1: Why Consumers
    Suffer

    The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the June 2024 Recap issue of the Capitol Connection.

    Inside this issue

    Vos Recall Denied by Elections Commission

    A months-long back-and-forth between Assembly Speaker Robin Vos and a group seeking to recall the Republican leader ended on June 27th when in a 4-2 decision, the Wisconsin Elections Commission decided that organizers of the effort failed to collect enough…
    Continue Reading Capitol Connection, June 2024 Recap

    Contracts form the foundation of many business transactions and relationships. When one party fails to fulfill their obligations under a contract, the other party will need to determine how to address the breach of contract. Commercial litigation may be necessary to resolve contract disputes. By demonstrating that they have suffered harm due to a breach of contract, the injured party can receive appropriate remedies. An experienced attorney can provide representation in these cases, helping injured parties seek remedies…
    Continue Reading When Can Civil Litigation Address a Breach of Contract?

    As of February 13, 2024, the American Society for Testing and Materials (ASTM) E1527–21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” is now required when Phase I Environmental Site Assessments (ESAs) are conducted by environmental consultants to qualify for the innocent landowner defense, or the bona fide prospective purchaser or contiguous property owner liability protections, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (see: 42 U.S.C. 9601 et seq.).

    The goal of…
    Continue Reading Use of the ASTM E1527-21 Phase I Environmental Site Assessment Standard Practice is Now Required to Meet CERCLA Liability Protections

    As the demand for renewable energy sources continues to grow worldwide, landowners and developers have realized the potential in harnessing the power of solar and wind energy in Wisconsin. Wisconsin is well known for having large swaths of flat, open land, often used for traditional farming activities. Such topography is perfect for energy companies looking to expand their generating capacity, often paying landowners a premium for the use of such land.  

    Leasing and easement arrangements are the essential methods…
    Continue Reading Solar and Wind Lease Agreements