Mark D. Hudak

Mark D. Hudak

Carr McClellan P.C.

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Latest Publications


City May be Liable for Damage to Residence from Falling Tree Under Inverse Condemnation

When is a tree a “public improvement” for purposes of inverse condemnation? According to one court, when the tree was planted by a city as part of a forestry program and maintained over a period of time. City of Pasadena v....more

9/2/2014 - Governmental Liability Inverse Condemnation Public Improvement Projects Trees

Architects May Be Sued Directly by Homeowners Association for Design Defects

In a unanimous decision, California’s Supreme Court has ruled that the principal architects for a condominium project may be sued directly by a condominium homeowners association for design defects. The case, decided July 3,...more

7/7/2014 - Architects Design Defects Homeowners' Association

An End to Inclusionary Housing Requirements

The California Supreme Court has agreed to review the legality of a city’s inclusionary housing ordinance (IHO). At issue is the IHO adopted by San Jose. The IHO applies to new developments of 20 or more residential...more

9/24/2013 - Affordable Housing Housing Market Inclusionary Housing Ordinance

Landlord May Hold Open Houses Over Tenant’s Objections

Owners who want to sell residential rental units often meet strong resistance from the tenant who occupies the unit. This is not surprising, as the sales process is disruptive to the tenant’s daily life and the end result is...more

9/11/2013 - Landlords Residential Leases Sales Tenants

Adverse Possessor Of Charitable Organization’s Land Need Not Pay Property Taxes

True cases of adverse possession are exceedingly rare. Some of the requirements are easily met – possession of some or all of a property, under claim of right, for a period of five years. The final requirement – payment of...more

8/12/2013 - Adverse Possession Charitable Organizations Land Titles Property Tax Tax Exemptions

Prevailing Property Owners May Recover Attorney Fees After Defending Accessibility Lawsuit

California Supreme Court issues more liberal rule for property owner to recover attorney fees after defending accessibility lawsuit. The California Supreme Court has issued a ruling making it easier for a commercial...more

12/21/2012 - ADA Attorney's Fees Disability Access Claims

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