HOTEL LITIGATION TESTIMONY & SUPPORT

Litigation and Arbitration consulting generally are performed in conjunction with appraisals. A number of court cases and other forms of conflict resolution involving hotel properties or issues have utilized Mr. Keeling as a consultant or expert witness.

AD VALOREM TAXES

Retained by counsel to appraise for litigation in an ad valorem tax case concerning the Marriott Plaza Hotel in downtown San Antonio, Texas. Involved separating business enterprise value from real property value for three consecutive years.

Retained by counsel to appraise for litigation in an ad valorem tax case concerning the DoubleTree Hotel Downtown in El Paso, Texas. Involved separating business enterprise value from real property value for four consecutive years.

Prepared appraisals of the Hampton Inn Downtown, Springhill Suites Medical Center, and the Homewood Suites Northwest in San Antonio for an ad valorem tax litigation assignment.

Appraised the Holiday Inn Express & Suites in Selma, Texas for two tax years in a litigation assignment to determine the value of the property for ad valorem tax purposes.

Prepared an appraisal of the Marriott Plaza Hotel to establish the value of the real estate for ad valorem purposes in a litigation assignment.

Appraised the Menger Hotel in San Antonio for ad valorem tax litigation involving two tax years.

Retained by counsel representing the Marriott Rivercenter in San Antonio, Texas in a dispute with Bexar County Appraisal District over the quantification of business enterprise value in the ad valorem tax assessment of the hotel. (Court testimony)

ARBITRATION

Was a party-appointed arbiter in arbitration between the owner, Historic Restoration, Inc., and the operator of the Chateau Sonesta Hotel in New Orleans. Involved the calculation of damages suffered by the owner due to the failure of the operator to operate the hotel profitably.

Retained by counsel representing Starwood Hotels & Resorts in an arbitration involving the Westin St. Francis Hotel in San Francisco and the Westin Michigan Avenue in Chicago. Case involved alleged damages incurred by investors because of an alleged “non-competitive” management agreement and inadequate marketing efforts in the sale of the hotel. (Testimony before Arbitration Panel)

Prepared estimates of damages resulting from a contractor’s failure to complete on time the Westin Riverwalk Hotel in San Antonio. (Testimony before an arbitration panel)

APPRAISAL REVIEW

Prepared consulting expert comments on appraisals of the Four Seasons Hotel Nevis prepared by two internationally known appraisers, each of whom represented opposing sides in a lost profits case.

Retained by counsel representing Host Marriott Corporation in defending appraisals prepared by Hospitality Valuation Services, Inc. (HVS) in litigation involving a 1984 hotel syndication. Case has been settled.

Testified on the adherence to professional standards in a case alleging malpractice in the conduct of a hotel market study in Columbia, South Carolina. (Court testimony)

BANKRUPTCY & FORECLOSURE

Represented counsel for the lender in a bankruptcy case involving the Wyndham Garden Hotel (former Dream Inn) in Addison, Texas.

Retained by counsel to determine the value of the Holiday Inn & Suites West Loop in Houston at the time the property was foreclosed on.

Retained by counsel representing the owner in a bankruptcy proceeding to assess the debtor’s plan of reorganization involving the Holiday Inn Hobby Airport in Houston, Texas. (Court testimony)

Retained by counsel representing the lender on the Chapter 11 bankruptcy proceeding for the Days Inn Canal in New Orleans, Louisiana. Involved establishing a value of the hotel within the plan of reorganization. (Court testimony)

Testified as to the achievability of a plan of reorganization in the Chapter 11 bankruptcy of the Comfort Inn in College Park, Maryland, and the Hampton Inn in Richmond, Virginia. (Court testimony)

Testified as to the achievability of a plan of reorganization in the Chapter 11 bankruptcy of the Sheraton Inn in Salisbury, Maryland. (Court testimony)

Bankruptcy case involving the Gunter Hotel in San Antonio, Texas, involved determining the reasonableness of a plan of reorganization. (Court testimony)

BUSINESS INTERRUPTION CLAIMS

Retained by council for the owners of the Marriott Hotel in Metairie and the Chateau DuPuis in New Orleans to calculate lost profits in a business interruption claim following Hurricane Katrina. (Deposition)

Retained by council for the owners of the Wyndham Canal Place in New Orleans to calculate lost profits in a business interruption claim following Hurricane Katrina. (Deposition)

Retained by counsel representing the owner of the Prytania Park Hotel in New Orleans, Louisiana, on a business interruption insurance claim resulting from a fire. (Court testimony)

CONDEMNATION

Retained by counsel to assess the impact on the Hilton Garden Inn NW in Houston of lost parking spaces do to a partial condemnation proceeding by the Texas Department of Transportation.

Prepared an opinion of the value of a proposed hotel site in a condemnation case where the site in question was being condemned by the New Orleans Convention Authority for the proposed expansion of the Ernst N. Morial Convention Center. (Court testimony)

Retained by counsel representing the City of Shreveport in a condemnation case involving the site for a proposed full-service hotel planned adjacent to a proposed convention center in downtown Shreveport. (Court testimony)

Determined the impact of construction of a freeway interchange in a condemnation case involving the Sheraton Town & Country Hotel in Houston, Texas. (Court testimony)

ECONOMIC IMPACT

Retained by counsel representing the World Trade Center of New Orleans and Sisung Securities in a case involving the proposed conversion of the World Trade Center building into a 650-room hotel. Testimony involved the impact of the hotel on the New Orleans economy and the collection of hotel occupancy taxes. (Court testimony)

LEASE VALUATION

Retained by counsel representing the land owner on a case involving a dispute as to the value of a ground lease for the Comfort Inn in New Orleans, Louisiana. (Court testimony)

LOST PROFITS

Retained by counsel to calculate lost profits due to interference in the development of a hotel in Kermit, Texas. Case has settled

Prepared estimates of damages and lost profits incurred as a result of the British Petroleum oil spill on two hotels located along the Texas Gulf Coast.

Prepared consulting expert comments on appraisals of the Four Seasons Hotel Nevis prepared by two internationally known appraisers, each of whom represented opposing sides in a lost profits case.

Retained by counsel in a case involved with the calculation of profits lost by the failure of a land owner in San Antonio to lease a site for the construction of a Hilton Garden Inn. (Deposition)

Retained by counsel representing the owner and contractor of the Courtyard by Marriott Riverwalk in San Antonio in a suit by the owner of an adjacent hotel that claimed their business declined as a result of the construction activity at the Courtyard. (Deposition)

Retained by counsel representing the owner of the DoubleTree Hotel in New Orleans in a case involving the losses incurred by the cancellation of a contract by FEMA following Hurricane Katrina. (Deposition)

Retained in a case involving the developer of the Hilton President Hotel in Kansas City. Case involved damages incurred as a result of misrepresentation by a mortgage brokerage firm and their law firm. (Court testimony)

Was a party-appointed arbiter in an arbitration between the owner, Historic Restoration, Inc., and the operator of the Chateau Sonesta Hotel in New Orleans. Involved the calculation of damages suffered by the owner due to the failure of the operator to operate the hotel profitably.

Prepared estimates of lost revenues resulting from the failure of the contracted reservation service of the Saint Ann and Saint Louis hotels in New Orleans to adequately program the reservations for the hotels. (Deposition)

Prepared estimates of damages resulting from a contractor’s failure to complete on time the Westin Riverwalk Hotel in San Antonio. (Testimony before an arbitration panel)

Retained by counsel representing the plaintiff in a lawsuit alleging breach of contract in the sale of the Pallas Suites Hotel in New Orleans, Louisiana. Scope included an appraisal.

Estimated damages suffered by a party in a breach of contract and tortuous interference case involving the Broadwater Beach Hotel & Casino in Biloxi, Mississippi. Case was settled out of court.

Evaluated the performance of the Marriott Greenspoint Hotel in Houston, Texas, in a case alleging shoddy construction. (Court testimony)

MANAGEMENT CONTRACTS

Retained by counsel in a case involving a claim against a hotel syndicator that he should have assumed some management responsibilities in a failed hotel venture in Omaha, Nebraska. (Court testimony)

Retained by counsel representing Starwood Hotels & Resorts in an arbitration involving the Westin St. Francis Hotel in San Francisco and the Westin Michigan Avenue in Chicago. Case involved alleged damages incurred by investors because of an alleged “non-competitive” management agreement and inadequate marketing efforts in the sale of the hotel. (Testimony before Arbitration Panel)

Retained by counsel representing Landry’s Restaurants, Inc., the owner of the Flagship Hotel in Galveston, Texas, in an eviction proceeding against the tenant. Testified as to whether the hotel was being maintained and operated in a “first class” manner. (Court testimony)

 

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