News & Analysis as of

Property Owners

Victory in Zoning Appeal

by Clark Hill PLC on

The Wastenaw County Circuit Court overturned an adverse decision by the Webster Township Zoning Board of Appeals, determining that seasonal barn weddings are a permitted use in the Agricultural zoning classification. I...more

Florida Property Owners: The Notice Of Proposed Property Taxes From Your County Property Appraiser-Beware Of Deadline For Appeal

by Roetzel & Andress on

What to Do with the Notice - Immediately open the Notice of Proposed Property Taxes and examine its contents for accuracy. The Notice contains column headings which include: - Taxing Authority - Your Property Taxes...more

California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

by Nossaman LLP on

The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City...more

California Court of Appeal Again Rules in Favor of Public Against Billionaire Owner of Martins Beach

by Miller Starr Regalia on

Martins Beach, near Half Moon Bay in the County of San Mateo, is the subject of protracted litigation on various fronts stemming from tech billionaire Vinod Khosla’s 2009, decision to change the public’s access to and use of...more

Easy Easements - Part 2

by K&L Gates LLP on

This two-part series is about four important cases that have been decided over the past year relating to the acquisition of easements. Part 1 highlighted two cases explaining key principles that can dictate whether or not an...more

An Overview of North Carolina Premises Liability Law

by Ward and Smith, P.A. on

Accidents happen. But how do you determine whether an injury on someone else's property is just an unavoidable accident or a potential legal liability? As in other areas of personal injury law, the analysis typically is based...more

Harleysville Revisited - What We Know Now

by Nexsen Pruet, PLLC on

In January, the SC Supreme Court issued its original opinion in Harleysville Group Insurance, a Pennsylvania Corporation v. Heritage Communities, Inc, a South Carolina Corporation; Heritage Magnolia North, Inc., et al. and...more

New Florida Law Aims To Put Brakes On ADA Barrier-To-Access Lawsuits

by Jackson Lewis P.C. on

Responding to the alarming proliferation of lawsuits in Florida alleging that places of public accommodations create barriers to access to disabled patrons, Florida has adopted what appears to be the first law in the country...more

The Kawartha Lakes Saga Continues: Oil Spills and the Dangers of DIY

by Bennett Jones LLP on

Gendron v Thompson Fuels et al provides a cautionary tale for homeowners hoping to "handle things on [their] own". In this case, the plaintiff-homeowner attempted to clean up a domestic fuel oil spill with Tupperware...more

Considerations for Participants in the Expanding Market for Compensatory Mitigation Credits

by Sullivan & Worcester on

In a recent blog post, we described the basic statutory and regulatory framework supporting the increasing popularity of mitigation banking. In this update, we offer some additional observations for property owners and other...more

There And Back Again: Boundary Disputes Bill Restarts Its Journey In House Of Lords

by Hogan Lovells on

Boundary disputes are a messy business.  Once neighbours become embroiled in a dispute over the position of a boundary or the extent of a right of way, it seems that nothing short of a court order will put the matter to rest....more

ITC Files New Cases Seeking Rights in Livonia

by Clark Hill PLC on

As I have described in many past blog posts, ITC is engaging in a systematic campaign to increase its vegetation management rights throughout its entire Michigan transmission line system. I have handled the majority of the...more

Clark Hill Obtains Preliminary Injunction Against Royal Oak

by Clark Hill PLC on

My colleague Kenneth Lane and I have been retained by a significant group of homeowners in Royal Oak. The City sent letters demanding that the property owners either install or pay for the City to install sidewalks in front...more

Idaho Real Estate & Development Law Update: In Idaho, an Easement Owner Has the Duty to Maintain the Easement, Even if the...

by Stoel Rives LLP on

A recent case in the Idaho Supreme Court serves as a good reminder that Idaho takes a somewhat unique approach to allocating responsibility for easement maintenance. In Fletcher v. Lone Mountain Road Association, Docket No....more

City Council Land Use Committee Approves Midtown East Rezoning

by BakerHostetler on

On Thursday, July 27, the New York City Council’s Land Use Committee approved a long-awaited change to the zoning rules for East Midtown. The amendment establishes the “East Midtown Subdistrict” and affects the area between...more

U.S. District Court Allows Association’s Claims To Proceed For Actions During Period of Developer Control

by Baker Donelson on

The United States District Court for the District of Maryland has denied a motion to dismiss filed on behalf of a developer, and allowed claims of a property owner’s association to proceed that concern actions taken while the...more

Legal issues for those running construction businesses - (H&S, planning, employment and real estate)

by Dentons on

Welcome to our Summer 2017 round-up of issues relevant to UK construction businesses. Each of the summaries below links to a recent article from colleagues specialising in health and safety, planning, employment or real...more

Murr v. Wisconsin: Defining the Property Affected by a Regulatory Taking

The Supreme Court of the United States recently decided the case Murr v. Wisconsin, No. 15-214 (June 23, 2017), which laid out a new test for determining whether separate parcels of land should be evaluated as a single parcel...more

Key issues in negotiating financeable ground leases

by Thompson Coburn LLP on

Ground leases are generally long-term leases of property entered into between a property owner and tenant where the tenant leases land and subsequently constructs a building or other improvements on that land. Since ground...more

Detroit Deeds Homes to Owners

by Clark Hill PLC on

Detroit Land Bank Program converts occupants into the owners of foreclosed or otherwise abandoned properties. Fair is fair. This blog often points out abuses of property owners by government agencies and utilities. But it...more

Sixth Circuit Balances Rights of Forest Service and Rights of Private Property Owners Provided by Michigan Law

Balancing the interests of the Federal Government as owner of thousands of acres surrounding Crooked Lake and private owners’ rights, on July 26, in a 2 to 1 ruling, the U.S. Court of Appeals for the Sixth Circuit ruled that...more

NJ Adopts “Property Taxpayer Bill Of Rights”

by Fox Rothschild LLP on

New Jersey has adopted a “property taxpayer bill of rights” seeking to assist property owners with the real estate assessment process. New Jersey has one of the nation’s highest property taxes....more

Consultation on leasehold reform: a wide-ranging project

by Dentons on

On 25 July 2017 the Department for Communities and Local Government issued a consultation paper "Tackling unfair practices in the leasehold market" seeking views on "prohibiting the sale of new build leasehold houses,...more

RICO Madness: The Nuisance of Owning and Operating a Marijuana Facility

by Snell & Wilmer on

On June 7, 2017, the Tenth Circuit Court of Appeals issued its opinion in Safe Streets Alliance, et al. v. Hickenlooper, et al., (No. 16-1048), an opinion that could open the doors to property use litigation involving...more

Utah Considers Charter School Eminent Domain Issues

by Fox Rothschild LLP on

The Utah legislature is considering policy changes regarding the acquisition of land for new charter schools and further expansions of existing schools. Specifically, there currently is uncertainty as to the eminent domain...more

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