Business Torts Zoning, Planning & Land Use

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Religious Institutions - February 2014

Who owns the "church?" For most, this is an odd question. As children, many of us folded our hands and repeated a rhyme: "Here is the church. Here is the steeple. Open the doors and see the people." Nevertheless, for well...more

Province Ordered to Pay Damages to Timber Company over Aboriginal Road Blockade

On December 23, 2013, the British Columbia Supreme Court (Court) ordered the Province of British Columbia (Province) to pay logging contractor Moulton Contracting Ltd. a sum of $1.75 million in damages for the Province’s...more

Bad Faith Sentinel - October 2013

In This Issue: - Wisconsin Court of Appeals: Insurer Does Not Commit Bad Faith by Refusing to Pay the Undisputed Portion of an Insured’s Claim Where the Policy Does Not Require Payment - Southern District of...more

Newberry Station: Political Contributions vs. Political Realities

Political contributions and developer-politician interaction are facts of life in the development community. And it makes sense too – developers bring many benefits to communities, such as housing, work space, shopping, and...more

Public Employees Ruled Immune From Liability When Acting In Legislative Or Discretionary Capacity, Even If Fraud, Corruption, Or...

After landowners spent three years securing planning commission approval for a proposed senior living facility project, the city council rejected the project in the face of community opposition. The landowners sued, alleging...more

The Supreme Court Weighs in on the Balance of Private Interests Versus the Public Good in Nuisance

On March 7, 2013, the Supreme Court of Canada released its decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13. In Antrim, the Ontario government built a new highway which effectively put a truck...more

Maryland establishes tort duty of care for title companies

On January 29, 2013, the Maryland Court of Appeals issued a decision that your title company can now be sued for negligent title searching, and for preparation of an incorrect or incomplete title commitment. This duty of...more

Buyer Beware: Court Decision Highlights Importance of Performing Careful Diligence

In Princes Point LLC v. AKRF Engineering, P.C., No. 601849/2008 (N.Y. Sup. Ct. Jul. 13, 2012), Judge Charles Edward Ramos granted a motion for summary judgment dismissing plaintiff’s claims of fraud, negligent...more

Litigation: Broker Commission & Unjust Enrichment; Village Road vs. Private Road

New York Case Law Summaries for July 30, 2012 include New York Court of Appeals decisions on 1) a broker suing to recover a commission and for unjust enrichment; and 2) a village attempting to convert a road to public use...more

What is the measure of damages caused by negligent professional opinion on zoning by an architect?

Architect, negligent on zoning opinion, not liable for cost of making property comply.

Plaintiff Developer hired defendant architect for advice, among other things, regarding the zoning requirements and restrictions on a certain property in Manhattan. The architect advised that the developer would be permitted...more

Commercial Real Estate - Setting the stage for Landlord and Tenant Negotiations

It’s been said that “all the world’s a stage,” and it seems that even when it comes to commercial lease negotiations, the old idiom rings true. Real estate negotiation tactics should be approached in a manner that establishes...more

Case Study: Oasis West Realty V. Goldman

On May 16, the California Supreme Court handed down a decision holding that an attorney may violate his duty of loyalty by publicly opposing a development project that he at one time had been engaged to promote. Oasis West...more

How Asking One Fundamental Business Question Can Reduce Expense and Improve the Business Outcome of Your Company’s Patent...

Most corporate managers greatly dislike the patent litigation process and will try to avoid involvement in patent lawsuits. This article posits that a fundamental flaw in existing patent litigation is that business managers...more

Ordinance to Vacate

An ordinance to vacate a public road...more

Handling Threats of Contract Termination on a Construction Project

In the construction field, threats of contract termination can strike terror in heart of a small contractor. Learn how to deal with such threats to minimize any damages claims....more

Managing Changes to the Construction Project

Changes will always occur on construction projects-- no matter how small or streamlined the project may seem. Learn how to handle changes in project scope, cost, or time, to avoid contract disputes at the end....more

Understanding the Construction Contract Before You Sign It

Before you sign a construction contract, take the time to understand the terms and conditions, what you are agreeing to, and what rights you may be giving up....more

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