Melanie Clark

Melanie Clark

Melanie Clark is Of Counsel to the firm in the Real Estate group and focuses her practice on project development including resorts, mixed-use condominiums, timeshare and fractional programs, and condominium hotels. Melanie has assisted her clients in a broad range of real estate transactions, providing start-to-finish legal counsel beginning with initial land acquisition and entitlements to construction completion and operation or sale. Clients have come to rely on Melanie for her extensive experience in acquisition and due diligence, development structuring, and leasing and sale to end users.

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Condemnation Awards on Leasehold Interests

A recent Utah case, adopting a “termination clause rule,” may have tenants in Utah reconsidering condemnation provisions in leases. In UDOT v. Kmart, 2018 UT 54, the Utah Supreme Court denied a condemnation award to a tenant because the lease automatically terminated upon condemnation.  The Court found the tenant had no interest for which it … Continue Reading

Establishing a Legal Nonconforming Use

The key to a legal nonconforming use is establishing that the use was previously permitted. The Utah Court of Appeals recently reiterated this statutory requirement in LJ Mascaro v. Herriman City, 2018 UT App 127, where it stated a land owner must “provide substantial evidence to support a prior legal use,” in order to gain … Continue Reading
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