Category : Land Use & Zoning

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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Community Associations Land Use & Zoning Property Inspections

Role of Survey Plats in Resolving Property Disputes

man in yellow and orange jacket and white pants standing beside yellow and black heavy equipment

When landowners purchase real estate, they get the opportunity to obtain a land survey or to save a few hundred dollars by avoiding it. During the home buying process, purchasers’ financial situation is usually stretched to their utmost limit. The owner may not understand the value of paying $200-$600 for a survey plat when there […]

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Community Associations Land Use & Zoning Litigation

Dead Tree Lawsuit Against HOA Arborist Dismissed

leafless trees behind metal fence in winter

Contemporary land development policies would not work well without trees. Lot owners use trees for shade, ornamentation, and to screening. Subdivisions, especially cluster developments, often include common areas where trees or shrubs provide dense visual screening of the development. Vegetation can be more attractive and taller than fences. When a tree dies, it transforms from an asset to a liability, threatening damage to nearby structures or people. It is in a lot owner’s self-interest to remove dead trees from their own lots to avoid […]

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Community Associations Construction & Renovation Land Use & Zoning

Walking on Sunshine

Americans are increasingly frustrated by federal, state, local and HOA officials making decisions in secret. On the floor of the nominating convention, supporters of Senator Bernie Sanders protested Hillary Clinton’s undisclosed collusion with the Democratic Party leadership during the presidential primary. On the Republican side, Donald Trump continues to refuse to disclose his tax returns. […]

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Community Associations Land Use & Zoning

Can a HOA Represent Individual Landowners in Court without Their Permission?

Can a HOA Represent Individual Landowners in Court without Their Permission? What gives an HOA or Condo Association standing to sue to address threats coming from outside the community, or to appeal administrative decisions by the government that affect the neighborhood? On April 22, 2016, the Circuit Court of Loudoun County issued an opinion that […]

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