Insights

Denver, Colorado – Denver, Colorado – In honor of the firm’s 30th anniversary, Michael B. Hancock, the mayor of the City and County of Denver, has proclaimed Wednesday, January 14, 2015 “Otten Johnson Robinson Neff + Ragonetti” Day.

Denver, Colorado – Otten Johnson Robinson Neff + Ragonetti PC (Otten Johnson) is pleased to announce that Dimitri Adloff and Stefanie L. Sommers have been elected shareholders and directors of the firm. Both Stefanie and Dimitri have already distinguished themselves both within the firm as well as in the community. Their new roles were effective January 1, 2015.

In 2014 the Colorado Court of Appeals decided an important question affecting the rights of creditors, borrowers and guarantors in post-foreclosure deficiency lawsuits. In Colorado, if, after a foreclosure sale, there remain amounts outstanding under the loan, a creditor has the ability to seek a judgment for the deficiency against the borrower and/or the guarantors. In such deficiency lawsuits, Colorado Revised Statute §38-38-106(6) provides borrowers and guarantors with a defense in the event that a creditor did not bid its good faith estimate of a property’s fair market value at the foreclosure sale.

Denver, Colorado – Otten Johnson Robinson Neff + Ragonetti PC (Otten Johnson) is pleased to announce that Cory M. Rutz has joined the firm as an associate. Cory received her J.D. from the University of Colorado Law School (2014). She also earned a masters of Urban & Regional Planning (M.U.R.P.) at the University of Colorado Denver (2014), in addition to her B.S. in Chemical Engineering from Tulane University (2008). Cory will be a member of both Real Estate and Land Use practice groups.

Mayor Michael Hancock recently released the Housing Denver Plan (the “Plan”). The Plan is intended to be the City’s affordable housing guidance document, setting forth the City’s principles, priorities and goals. Prepared at the direction of the Mayor’s Housing Advisory Committee, the Plan builds on the ideas established by the Mayor’s Housing Task Force convened in early 2012. Denver’s Office of Economic Development (“OED”) is ultimately tasked with implementing and updating the Plan. Not surprisingly, the Plan’s top priority is establishing a dedicated and reliable funding stream for the establishment of affordable housing.

Denver, Colorado – Otten Johnson Robinson Neff + Ragonetti PC (Otten Johnson) is pleased to welcome Kimberly A. O’Hagan to the firm as an associate. Kim received her J.D. from the University of Arizona’s James E. Rogers College of Law (2014); cum laude. She graduated summa cum laude with a B.A. in English from the University of Arizona. Kim will be joining the firm’s Real Estate practice group.

Many successful real estate ventures begin with partners that have complementary skills and resources. Typically, these skills and resources come in the form of real estate expertise and financial backing or a split of expertise between those with similar financial resources. Oftentimes the partners can scale a single real estate venture into a portfolio of multiple properties, each being held by a separate limited liability company entity. However, over time, disputes and generational issues can cause successful real estate partnerships to run their course.

Last month’s alert addressed issues that landlords may want to consider when negotiating an exclusive use clause in a retail lease; this month’s alert addresses tenants’ considerations. A tenant typically wants an exclusive use clause in its lease to protect its business from competition from other tenants in the shopping center.

Denver, CO – Attorneys with Otten Johnson have once again been recognized by U.S. News Best Lawyers, for 2015. Of special note, Otten Johnson attorney Thomas J. Ragonetti was recently selected as 2015