Erica Stutman

Erica Stutman

Snell & Wilmer

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Brandt Revocable Trust v. U.S. – the United States’ theory of land ownership derailed

In Brandt Revocable Trust v. U.S., the United States Supreme Court held that abandoned railway rights-of-way that had been granted to railroad companies under the General Railroad Right-of-Way Act of 1875 left underlying...more

3/31/2014 - Brandt Irrevocable Trust v Us Eminent Domain Railroads SCOTUS Takings

Frustration of Purpose: A Frustrating Doctrine

Next Gen Capital, LLC v. Consumer Lending Associates, LLC illustrates the difficulty a tenant faces when trying to avoid liability for breaching a lease based on the “frustration of purpose” defense. No. 1 CA-CV 12-0624...more

12/27/2013 - Breach of Contract Commercial Leases Commercial Real Estate Market Contract Drafting Landlords Leases Tenants Void and Unenforceable

Understanding Zoning Nonconforming Uses Is No Walk In The Park, But A Mobile-Home Park May Be Treated As A Unified Use.

When Arizona municipalities adopt new zoning ordinances and regulations, existing property owners have the right to continue using their property for the use in place when the new ordinance or regulation becomes effective,...more

8/26/2013 - Mobile Homes Property Improvements Property Owners Property Ownership Repairs

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