Category : Local Governments

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 Local Governments

Appeals Court Deems Association Street a First Amendment Public Forum

Disputes between individuals and HOAs frequently occur on the roads or sidewalks owned by the Association. The rights of way are usually the HOA’s largest budgetary and operational responsibility. The lot owners and their invitees rely upon the roads to access properties. State and local governments benefit financially by shifting the maintenance burden of the […]

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Construction & Renovation Litigation Local Governments

The Surface Water Diversion Blame Game

According to the Bible, water is both the fountain of life and a destroyer by flood. Water naturally plots its own course, creating wetlands to store excess storm water. Human development, for better or worse, seeks to maximize the value of property and minimize land set aside for natural wetlands or artificial drainage purposes. The […]

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Foreclosures Local Governments

What is a Community Development Authority?

Every community is supposed to have a downtown as a destination for people to live, shop and play. The town center ideally keeps retail dollars and tax income from leaving the community. When these developments pop up, you hear discussions about whether “gentrification” helps or harms blue-collar people who live or work there. How does […]

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