Category : Litigation

Land Use & Zoning Litigation Local Governments

Can Zoning Enforcement Officials be Sued for Malicious Prosecution?

When landowners receive a notice from their county’s zoning compliance personnel alleging that a structure or use violates the local ordinance, often they wonder if  they are being targeted differently than other members of the community. Such suspicions may arise when there is a dispute among neighbors. Immediately, the landowner must consider whether the violation […]

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Consumer Protection Litigation

Do Attorney General Lawsuits Actually Help Consumers?

photo of woman holding her head

Whenever a legal dispute seems intractable, many people want an agency or official to bring the power of the government to bear on their problem with their adversary. Aggrieved persons often try to exhaust such possibilities before retaining their own attorney. Regulatory enforcement through federal, state or local resources seems more attractive than expending one’s […]

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Litigation

Have We Already Agreed to Settle or Merely Agreed to Later Agree?

colleagues discussing details of project on meeting

People usually think of a “litigation settlement” as written, agreed terms signed by the parties. However, parties can become legally bound to oral or electronic settlement terms before the parties get to a formal writing or court order. Generally speaking, a contract to settle a lawsuit or other dispute does not require a signed writing […]

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Community Associations Litigation

Resolving HOA Enforcement Through Voluntary Compliance

photo of houses during daytime

When a homeowner receives a notice of violation from their HOA or condominium, they must decide if they are going to fight it, comply or file an architectural application to receive formal approval. There are many instances when the homeowner can and ought to keep the installed improvement. However, there are other situations in which […]

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Community Associations Litigation

The Voluntary Payment Doctrine and HOA Liens

young woman helping senior man with payment on internet using laptop

Homeowners disputes with HOAs and condominium associations frequently revolve around disputed demands for payments, large and small. Homeowners often wonder if they have to pay their monthly assessments if their HOA failed to fulfill an obligation. Generally speaking, if the assessments were legitimately determined by the HOA’s board of directors pursuant to its recorded instruments, […]

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