News & Analysis as of

Criminal Liability Real Estate Development

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 5, 2020

Carlton Fields on

Real Property Update - Covenant Running With Land: Rejecting association’s argument on appeal that trial court erred in finding that recorded agreement was not a restrictive covenant running with the land but a personal...more

Farrell Fritz, P.C.

Stopping A Zoning Enforcement Action In Court

Farrell Fritz, P.C. on

Builders, developers and property owners are often cited for zoning violations that become the subject of criminal enforcement proceedings in court (i.e. appearance tickets). Certainly, a party can have the court decide the...more

Eversheds Sutherland (US) LLP

Despite DOI policy reversal on incidental takes, project developers still face risk of criminal liability under MBTA

At the end of 2017, the Department of the Interior (DOI) announced that it will no longer pursue criminal enforcement for “incidental takes” under the Migratory Bird Treaty Act (MBTA). The change in legal interpretation of...more

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