Merolla & Gold
 
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Selected Cases

The following are selected cases in which Merolla & Gold acted as the lead counsel:

  • Prosecuted industrial owner’s access rights to warehouse property.
  • Prosecuted action to clear title to various residential lots.
  • Defense of retail owner’s access rights.
  • Defense of development project against neighbors’ charges of flooding, pollution and attempts to impose stream buffers.
  • Represented institutional client who owned several hundred acres of land in suit against adjacent owner for causing serious flooding, sedimentation runoff and slope stability problems.
  • Sued on behalf of institutional client for specific performance involving 94 acres of real property.
  • Defended residential developer’s access easements to residential subdivision.
  • Defended residential builder against claims of fraud, negligent construction and conspiracy asserted by governmental authorities.
  • Resolved three-way dispute between landowner who had constructed a million- dollar plus building on land titled in adjacent owner, adjacent owner and attorney responsible for title work.
  • Represented institutional buyer in dispute with seller of nearly 100-acre tract of land over terms of sales agreement.
  • Represented party in internal dispute between partner-owners of numerous retail outlets involving issues of ownership, control, division of profits, misappropriation of assets and misappropriation of partnership opportunities, accounting and injunctive relief.
  • Represented accounting firm in dispute with investors regarding firm’s audit work.  This case involved complex auditing standards, issues of international and foreign law, and gathering of evidence in foreign countries.
  • Defended builder/developer against charges of conspiracy and bribery in connection with the installation of systems in a residential subdivision.
  • Defended multiple property owners in suits regarding right to access across adjoining properties.
  • Defended closing attorneys charged with malpractice arising from fraud perpetrated upon them and their clients.
  • Defended trade association that had asserted setoffs against its former director for misappropriation and embezzlement.
  • Represented developer in suit by investor involving issues of fraud, breach of contract, and breach of fiduciary duties.
  • Served as counsel to a receiver appointed to liquidate assets of a real estate investment company.
  • Defended partner against claims brought by fellow partners for indemnity.
  • Defended against third party investor’s claims to assets of partnership invested in real estate.
  • Recovered real property fraudulently transferred to a third party.
  • Defended secured creditors’ priorities in real property against subordinate claimants.
  • Represented secured lenders and landlords in numerous landlord/tenant cases involving rent collection, evictions, destruction of the demised premises and renewal of purchase options.
  • Represented parties in numerous actions to seek relief from automatic stay in bankruptcy.
  • Represented parties in numerous non-judicial foreclosures which, in some cases, involved subsequent confirmation actions.  Negotiations for deeds in lieu of foreclosure.
  • Represented parties in suits for recovery of real property purchased with embezzled funds.
  • Represented parties in various cases involving earthworks, including removal, volume, hauling and backfill quantity claims.
  • Defended general contractors against trover actions to various pieces of construction equipment.
  • Represented property owner against claim by general contractor for excessive blasting costs.
  • Defended landowner against adjacent landlocked owners’ attempt to impose implied right-of-way.
  • Represented co-owner of property in suit for partition of a multi-million dollar 100-acre plus parcel of land.
  • Represented purchaser of 80+ acres in specific performance action against seller.
  • Defended optionor against optionee’s action for specific performance.
  • Represented general contractor in suit regarding third party insurance coverage issues.
  • Represented general contractor in suit regarding the terms of a lease for land adjacent to construction site, which had been used for storage.
  • Represented architect in dispute over insurance coverage regarding construction activities.
  • Represented property owner against building contractor for damages following building collapse.
  • Defended owner of real property against prior owner’s lender lien claim.
  • Counseled various upper and lower riparian owners regarding pollution, sedimentation, and erosion issues and dam failures.
  • Defended owner of shopping mall against wrongful death claim arising out of murder committed on client’s property.
  • Defended owners of timberland against claims asserted by neighboring property owners arising out of hunting accidents.
  • Represented numerous landlords, business owners and others in premises liability cases involving slip and fall, falling objects, and other alleged dangerous conditions.
  • Represented many landowners and contractors in suits concerning materialmen’s and laborer’s liens.
  • Represented parties in various cases involving ad valorem tax issues.
  • Defended partner in real estate venture against allegations of fraudulent capital calls.
  • Recovered substantial quantities of back-fill materials from owner of storage area.

Selected Transactions

The following are significant real property transactions closed by Merolla & Gold:

  • Negotiation of complex easement agreement combining access traffic circulation among several adjoining retail properties
  • A $2.5 million sale of land.
  • A $1.15 million sale of land financed by the seller.
  • The sale of a 175,000 square foot warehouse and production plant with 18 + acres.
  • The sale of 18 + acres of land financed by seller.
  • The purchase and development of several residential tracts of land
  • The purchase and subsequent sale of a 50,000 square-foot office park
  • The purchase and IDB financing of a warehouse and factory.
  • The purchase and lease-back of a 250,000 square-foot warehouse.  This transaction involved the purchase of equity subject to an industrial revenue bond, a substantial boundary line dispute, and a lease-back arrangement.
  • The purchase of 640 acres of farmland.
  • The purchase and subsequent sale/lease back of a 20,000 square-foot warehouse/office.
  • The purchase and subsequent sale of a 50,000 square-foot warehouse with acreage.
  • The lease/purchase of three retail store/warehouse buildings.
  • The sale of a $500,000 1-acre parcel to a petroleum products company for use as a retail store.  This project involved parceling off from a large tract, extensive negotiations concerning complex zoning requirements, and curb cut qualifications.
  • Extensive workout negotiations with the owner in financial difficulty of a 50,000 square-foot office park for the holder of a second mortgage.
  • The sale of a 51,000 square-foot warehouse.
  • The purchase and development of a 10-acre tract in Kennesaw, Georgia for a major distribution depot.  This transaction involved complex infrastructure and roadway easement problems with detention ponds, zoning questions, and other use regulations.
  • The sale of a 2.2 acre tract of land to be developed for high-rise apartment buildings.  This sale involved complex issues of parking and infrastructure easements and a zoning dispute.
  • The sell-off from a 100-acre tract of various 1 to 2-acre tracts of commercial, office, and institutional property to various purchasers for their development.  These sales regularly involve site preparation issues and infrastructure easements.
  • The purchase of a $1.2 million office building, including a contract to finish out the property and a joint use agreement concerning utilities and other infrastructure serving the property.
  • The purchase of various distressed properties out of foreclosure.
  • The sale of a 60,000 square-foot warehouse for a first lien holder out of a bankruptcy and the subsequent sale of it.
  • The purchase and sale of several single-family residences, both as investment properties and for personal use.
  • The purchase and development of 5 acres into 23 single family lots.
  • The purchase of a 40-acre, $800,000 tract of land to be developed for single family residences.
  • The sale of approximately 20 acres of land in exchange for a substantial cash down payment plus a partnership interest in a 200-unit apartment complex to be developed by the purchaser.
  • The sale, financing and partial leaseback of a 300,000 square-foot warehouse with 18 acres of land.
  • The closing of a $1,000,000 land acquisition and development loan.
  • The closing of a $500,000 land acquisition and development loan.
  • The closing of a $700,000 land acquisition and development loan.
  • The sale of a commercial building valued at $2.8 million.
  • The sale of a commercial building valued at $2.4 million.

 

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