The American economy’s capitalist features promote the need for healthy business competition. One of the judiciary’s jobs has been to […]
Over the years, increasingly more potential litigants have turned to alternative dispute resolution processes, including arbitration, to resolve their disputes. […]
Coming to a nuisance is a defense, and so too is coming to own real property with known access issues. […]
Nothing triggers nerdy excitement within the legal community quite like a freshly decided case that claims to address an issue […]
Randy Sullivan recently resolved an eminent domain action for $38,300,000, which was $10,710,000 more than the condemning agency’s expert damage […]
Recently the court allowed CalFire to recover fire suppression and investigative costs from anyone who starts a fire, including a […]
Easement rights and beach access have been an ongoing and regular area of dispute. One strategy to keep neighbors off […]
Sometimes neighbors get into disputes about rights along their boundaries. These can encompass all manner of issues, from determining the exact boundary (usually by survey); to quarrels about views, trees, and landscaping; to disagreement about access and easement rights; to debate over the use and ownership of encroaching structures.
The court of appeals recently considered whether spot zoning occurred in the City of San Clemente and thus entitled the property owner to compensation as a “constitutional taking” of property by the government.
Two recent cases involving failed land development transactions produced two extremely different outcomes. And, on closer examination, it’s clear the results turned on the plaintiff’s ability to demonstrate lost profits.
When real estate negotiations turn hot, offers and counter-offers move quickly, often with more focus on the terms of the transactions than the legal niceties. That can be an expensive mistake, as one developer found recently when a ‘Final Proposal’ morphed into a binding deal.
Parties and counsel to active litigation should tread carefully. The focus of a case may be on one claim, but […]