12 Questions to Ask (and Answer) Before Signing Your Restaurant Lease

As I’ve written here before, perhaps the document that will have the greatest impact on the success of your restaurant will be your lease. It sets the terms of your relationship with your landlord, governs the manner in which you may use your space, and determines what you must pay – each and every month […]

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Landlords Come and Go. It’s What Your Lease Says That Matters Most.

Commercial leases, like most contracts, are subject to interpretation. Clauses and terms that may seem clear at the time they are drafted can later become ambiguous, or subject to more than one understanding, especially when words on paper become applied to real life situations. Or the terms may be unclear on their face, and such […]

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Lawsuit: DC Waterfront Developers Trying to Drive Us Out of Business

In a federal lawsuit filed last month, the owners of two fish markets and a seafood deli located at the Maine Avenue waterfront in Southwest Washington, DC, have sued the developers of the massive “Wharf” project for violating their lease and trying to drive them out of business. As expected the lawsuit has gotten significant media attention, […]

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Planning a Brewery? Think Zoning Zoning Zoning

Have you ever wondered why Annapolis, our state’s fair capital city, does not have any craft breweries?  After all, Frederick and Baltimore are home to multiple world class craft beer producers.  Well, the answer is both simple and amazing:  the zoning codes of the City of Annapolis and Anne Arundel County do not include brewing […]

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Things To Consider Before Signing a Restaurant Lease: Exclusive Use Provisions

Nearly all restaurant leases contain a provision that states the tenant has exclusive rights to sell a certain style of food – e.g. that tenant will be the only one in the shopping center who can sell fast casual Mexican or sit-down Mediterranean or carry-out Chinese.  If you do not have an exclusivity provision, there […]

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UPDATE: SHA Opts Not to Appeal Pre-Condemnation Ruling from Montgomery County

This is to provide an update on this story from earlier this year, where we successfully defended a property owner’s right to deny the State Highway Administration’s efforts to gain access to his property for environmental testing, and actually had the statute in question declared unconstitutional.  As matters turned out, the State Highway Administration did not appeal this […]

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Liquor License Provisions in “Fast Casual” Restaurant Leases

The Washington Post has an article today on the proliferation of Chipotle-inspired “fast casual” restaurants that allow customers to customize their meals with a variety of fresh ingredients. The article notes that, while more traditional fast food establishments (think McDonalds or Wendy’s or Taco) are struggling to find new opportunities for growth, fast casual restaurants are booming. […]

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Montgomery County Judge Declares Key Maryland Eminent Domain Statute Unconstitutional

On Monday, July 14, a judge of the Montgomery County Circuit Court declared unconstitutional a long-standing law that permits the Maryland State Highway Administration (SHA) to obtain a court order allowing it to enter private property, without the landowner’s consent, and conduct intrusive drilling, soil sampling, and subsurface engineering studies.  The law has been on […]

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Bethesda Apartment Building Construction Causing Closures, Spawning Lawsuits

In the last two years, the Woodmont Triangle area of downtown Bethesda has seen a building boom in high-rise luxury apartment buildings.  Construction of one of those buildings, however, appears to be taking its toll on some established local businesses, and has now caused the closing of two local restaurants and an automotive repair shop. […]

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Maryland Announces Plans to Take Private Property for Purple Line

The Maryland Transit Administration has recently begun informing property owners and businesses along the route of the proposed Purple Line that they might have to make plans to move.  That is because the state will begin purchasing property along the proposed route as soon as September 2013.  For those property owners who will not agree […]

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