Zoning, Planning & Land Use Business Torts

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B.C. Court Allows Environmental Approvals Delay Claim to Proceed

In Carhoun & Sons Enterprises Ltd. v. Canada (Attorney General), the British Columbia Court of Appeal allowed a lawsuit to proceed against the federal government by a private developer for losses caused by delays in the...more

BC Court of Appeal Overturns Ruling that BC Government Liable to Logging Company for Failure to Consult

In Moulton Contracting Ltd. v British Columbia, 2015 BCCA 89, the BC Court of Appeal recently overturned the trial judge’s decision (reported at 2013 BCSC 2348, and summarized in an earlier update here) which had awarded...more

Trans Mountain Pipeline Project Hits the Courts

The Trans Mountain Expansion Project, which involves the proposed twinning of the existing Edmonton-Burnaby pipeline and the expansion of a marine terminal, was the subject of a number of court decisions last year involving...more

Provincial Licence Doesn’t Promise Adequate Consultation with First Nations

In its recent decision in Moulton Contracting Ltd. v. British Columbia, the British Columbia Court of Appeal (Court) held that the Province of British Columbia (Province) can contractually exclude liability for losses...more

Listen to the Words In the Injunction Battle

In Lightning Oil Company v. Anadarko E&P Offshore, LLC, the surface and 1/6 of the minerals of the Chaparral Wildlife Management Area is owned by the Texas Parks and Wildlife Department. 5/6th of the minerals is owned by the...more

Flash Boys and the Transportation Corridor Act

Michael Lewis' new book, Flash Boys concerns high frequency traders using advance notice of a stock purchase to reap extra profits. Fittingly, the North Carolina Supreme Court's decision in Beroth Oil v. NCDOT was published...more

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

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

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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