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Katten Wins Ruling on Behalf of Lincoln Property Company, Clearing Way for Completion of Washington Office Building

Firm News | January 25, 2007

WASHINGTON – Katten Muchin Rosenman LLP today announced that it has won an important ruling on behalf of its client, Lincoln Property Company (LPC), allowing it to complete construction of a 328,000 square-foot office complex it is developing at the corner of 15th and L Streets, NW in downtown Washington. A tenant in the building had filed a motion for temporary restraining order and preliminary injunction on January 4 to stop construction of the complex, claiming that the construction violated its right to quiet enjoyment and otherwise contravened its rights under the lease. Following a daylong hearing before the D.C. Superior Court on January 10, Judge Geoffrey M. Alprin denied the motion, clearing the way for the project’s completion.

LPC’s project involves the renovation of the existing office building at 15th and L Streets and the construction of a new Class A office building on the adjoining lot. The two structures will be tied together to create a single, integrated office complex.

In dismissing the tenant’s motion, the Court found that the tenant had failed to prove irreparable harm, or that the public interest would be served by the grant of an injunction.

S. Scott Morrison, who leads Katten’s Washington Real Estate Litigation Practice, represents LPC. He previously represented the company in connection with the same project, after it was sued by a different tenant to enjoin redevelopment of the existing office building. In that matter, Mr. Morrison won a summary judgment on LPC’s behalf, enabling it to continue construction.

"We are very pleased that in both instances, the Court found no evidence to support the tenants’ demands that development of the project be halted," Mr. Morrison said. "LPC has invested considerable money, time and resources in this project, and we are gratified to be able to assist them in seeing it through to completion."

Mr. Morrison is available for interviews upon request.

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