For most controversies relating to a proposed use of land, the local government permitting process will be the initial battleground between the project proponent and opposing persons. Whether the government body grants or denies the land use application(s), many such battles find their way to court. The judicial process can take years to reach a
The Legal Fundamentals Series
The Legal Fundamentals Series: The Mechanic’s Lien
The mechanic’s lien is one of the most powerful remedies available under the law. A mechanic’s lien is a right afforded to general contractors, subcontractors, and suppliers that, when preserved by following certain steps, grants the right to record a lien against benefited real property, foreclose on that property by action, be compensated out of…
The Legal Fundamentals Series: Municipal Special Assessments
Special assessments are used to fund all manner of local improvement projects, including road, sewer, and water improvements. Any private landowner—residential, commercial, and even the religious—may someday receive a notice advising of a contemplated assessment against their property. A special assessment notice is not something to be ignored. If left unpaid, a special assessment ultimately…
The Legal Fundamentals Series: Takings Law
This is the first in a series of articles that will describe the fundamentals of the most consequential topics falling under the umbrella of real estate law. As a real estate trial lawyer with personal experience handling disputes in each of the areas that will be considered, my goal is to explain in plain language…