Caroline L. Hermeling

Financial & Lender Liability

• Successfully achieved defendant's verdict in $3 million lender liability case in federal court.
• Spearheaded litigation to enforce loan covenants, resulting in judicial appointment of receiver for more than 20 restaurants in eastern Missouri and southern Illinois and other receivership actions relating to apartment complexes.

Eminent Domain & Levees

• Won summary judgment on inverse condemnation claim relating to levee and flood protection infrastructure improvements.
• Represented local sponsors of federally constructed levee in defeating condemnation of portion of their levee, asserting violations of U.S. and Illinois statutes. Award to clients reimbursed them attorneys' fees and costs.
• Secured favorable decision from Missouri Supreme Court that blocked Southeast Missouri Regional Port Authority from using eminent domain to condemn 30 acres of private land owned by client. Ruling was first by state high court applying 2006 Missouri law that barred condemnations "for solely economic development purposes."
• Represented levee districts in defeating opposition to construction of levee improvements by property owners.

Land Use

• Acted as co-counsel in land use litigation, successfully reversing major municipality's decision to deny zoning for educational institution's intended use of vacant campus property.
• Obtained favorable judicial ruling to force city to approve assisted living facility next to residential subdivision, despite neighborhood opposition.

Foreclosures

• Received summary judgment in wrongful foreclosure lawsuit preventing actual and punitive damages to lender client.
• Prevented setting aside of foreclosure sales and borrower/guarantor counterclaims in deficiency judgment litigation.
• Led foreclosure sale process for regional shopping mall, as well as dozens of commercial properties across Missouri.

Title & Covenants

• Structured quiet title action to address title issues post-closing to allow purchaser to pursue commercial development.
• Regained title for owner of residential condominium, despite property being sold at city tax sale.
• Obtained modification of recorded restrictive covenant through litigation and mediation to permit medical office building to be converted to office building.

Development & Construction

• Defended multiple taxpayer (competitor-driven) lawsuits seeking to void economic incentive financing packages in excess of $20 million relating to regional shopping center and hotel/convention center developments.
• Litigated to allow 125-plus-acre single-family home subdivision development to proceed despite strong municipal and neighborhood opposition.
• Provided Independence Center, a community-based rehabilitation program for adults, with advice on development of new housing for their independent living mission and programs.

Leases

• Successfully represented national tenant to defeat landlord's attempted termination of long term commercial lease on basis of tenant's failure to monitor invitee conduct in the common areas.
• Obtained extended lease term for commercial tenant in litigation to enforce option to renew despite landlord opposition.
• Spearheaded lease dispute litigation to force terminations of multiple commercial locations and renewal of lease term despite landlord opposition.

Outdoor Advertising

• Excluded nationally recognized opposing governmental witness in outdoor advertising condemnation trial. The Department of Transportation v. Drury Displays Inc. and National Advertising Co.