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California Legal Blog

When real estate disputes head for appeals courts

Any number of obstacles can arise when California property owners haggle over real estate issues, such as property lines, zoning or other matters. A company is asking the highest court in another state to overturn a lower court ruling regarding real estate disputes between county officials and a developer. The issue involves a large parcel of land the company wants to turn into a rock quarry. The county in question passed a zoning ordinance about six years ago, limiting the zoning of industrial land for use as a rock quarry within the county to just 71 acres. Needing about 100 acres for its project, the company sought a variance, which was denied. 

The company accused the county of using legislation to prohibit the possibility of a rock quarry within the county. It claims the county is unfairly denying a permitted use of the land in question. The county was adamantly opposed to the idea of a quarry, saying it would take away from the historic charm of the town. 

Fear of business litigation keeps potential entrepreneurs at bay

Many California residents dream of owning their own businesses. Some take their thoughts and develop plans, then bring those plans to fruition. Others worry that the risks involved are too high. It begs the question whether business litigation should be a topic of consideration in the building and development stages of business.

Some of the most successful business owners in the world might say that if one allows every worry and risk to prevent one from acting on a dream, then success will never be achieved. Business is risky, yes, but a solid plan and knowing where to turn for support when needed can make it all worthwhile. In fact, there may several things a business owner can do to avoid litigation.

What are the chances of resolving real estate disputes?

If you're currently buying or selling a home or commercial property in California, you may be no stranger to the various types of disagreements that can arise during the process. Real estate disputes often cause substantial delays in closings, and may even led to litigation when problems are unable to be resolved outside a courtroom. In such circumstances, the key to a successful outcome often hinges upon the type of representation you bring to court.

You chances of achieving a favorable outcome in court may increase if you align yourself with an experienced, aggressive real estate attorney. If that person happens to also have a background in real estate, all the better with regard to insight and knowledge that may prove valuable to your case. Whether your particular situation involves property line disagreements, deed restrictions or easement issues, things may get a whole lot worse before they get better if you decide to address the matter in court; hence, it's typically best to allow a savvy attorney to speak on your behalf.

Many California contract disputes necessitate business litigation

When California employees and employers disagree regarding employment contracts, emotions may run high and issues may prove extremely difficult to resolve. In fact, such situations often lead to business litigation when those involved are unable to reach agreements without appropriate intervention. In another state, a contentious situation is ongoing although the final outcome remains to be seen.

The contract disagreement recently came to a climax when about 1,700 workers went on strike. The workers are from more than 125 dealerships in the area. The massive work strike ensued after an agreed upon deadline came and went without a solution to the problem.

Real estate disputes: Fishermen claim easement over couple's land

California has its own laws regarding property issues, as does every other state. When two or more parties differ in their interpretations of existing agreements, real estate disputes sometimes arise. That's what happened in another state to a family who happens to own property near a popular local fishing spot on the river.

A man built his family a home near the river in 2011. However, he and his wife noticed that many people were driving pickup trucks across a particular strip of their land to access the river and haul loads of fish they caught out of the area. The couple believed the constant vehicle activity would contaminate the land (and perhaps, the water) and was damaging the property they believed they owned.

Major business litigation for East Coast construction company

Many California residents understand what it's like to plan for weeks (or even months) for family vacations only to have unforeseen circumstances interrupt or completely ruin their plans. That's what thousands of people are saying happened to them when their beach vacations in another state were abruptly halted due to a power outage. Business litigation is now pending for the construction company being blamed for negligence in the incident.

A class action lawsuit has been filed against the company that allegedly caused a major power outage when a mishap occurred during bridge construction. A steel pylon was reportedly driven through two main power lines, which left many beachgoers without electricity on vacation. Five people are representing thousands in the class action lawsuit, seeking damages against the construction company for negligence.

Do I need to change my will?

As we discussed earlier this month, many people are reluctant to address their estate planning needs owing to everything from concerns about time and money to fears of addressing their mortality.

Given this reality, those who have actually made the effort to execute a will outlining how they want their assets to be distributed, who they want to be executor and who they want to serve as guardians of any children should be commended for showing the necessary discipline and foresight.

How much do you know about breach of contract? - III

In a series of ongoing posts, we've been discussing how a key element of running a successful business is a commitment to detail, meaning a willingness to ensure every matter crucial to efficient and efficient operation -- no matter the size -- is handled with the necessary care. Applied to contracts, this means a concerted effort to ensure compliance and dealing only with reliable parties.

We also discussed, however, that even the most conscientious business owners can still find themselves embroiled in a contract dispute despite these efforts. Given this reality, we've discussed breaches of contract and, most recently, some of the remedies available to non-breaching business owners. We'll conclude this discussion in today's post.

Football great files important lawsuit against alma mater

It may seem hard to believe, but the wait for college football will soon be over, as we are just a little over a month away from the start of the 2017 season. However, if the August 26 kickoff date still seems too far away, football fans craving some drama right now needn't look any further than U.S. District Court for the Southern District of Ohio.

That's because a former All-American linebacker from Ohio State University who went on to become an NFL All-Pro has filed a federal lawsuit against his alma mater over the unauthorized use of his name, image and likeness.

Understanding construction defects -- II

A few weeks back, we began discussing how those who decide to undertake a dream construction project -- extensive home renovations, building an entirely new home, etc. -- can rapidly see it turn into a nightmare thanks to construction defects.

Indeed, we discussed how these defects, meaning conditions that diminish the value of a home, can generally be attributed to negligent construction and/or poor workmanship. More significantly, however, we discussed latent and patent defects.

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