Fighting Fire with Fire: Eliminating Commercial Restrictive Covenants and the Unintended Consequences of “Dark Store” Legislation

Matthew W. Heron, Esq. Cummings, McClorey, Davis & Acho, PLC Introduction In the recent past several large retailers have scored significant victories in challenging real estate tax assessment values on commercial property through what has been called a “dark store” argument. A retailer making this argument contends that its store is essentially a single-use building, and, therefore, once constructed has […]

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