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Property Owners › Injunctive Relief

Whiteford

Client Alert: Due Process or Due Trouble? Navigating the Legal Maze of Covenant Enforcement in Virginia Community Associations

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Community associations governed by the Virginia Condominium Act (VCA) and the Virginia Property Owners’ Association Act (POAA) are frequently called upon to enforce their association’s covenants, rules, and restrictions....more

Smith Anderson

N.C. Court Confirms Stormwater Runoff Across Property Lines Can Amount to Trespass

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The North Carolina Court of Appeals recently decided H/S New Bern, LLC v. First Berkshire Properties, LLC, which establishes important precedent regarding stormwater management obligations and trespass liability in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Drain Tile System/Adjacent Landowner: Vermont Supreme Court Addresses Issues Arising in Nuisance/Trespass Action

Mitchell, Williams, Selig, Gates & Woodyard,... on

The Supreme Court of Vermont (“Supreme Court”) in a May 24th opinion addressed issues stemming from a dairy farm’s installation of a drain tile system that discharged water into a streambed and lake allegedly affecting  a...more

Holland & Knight LLP

Florida Law Limits Persons from Foreign Countries of Concern from Acquiring Real Property

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Now the subject of a lawsuit seeking to enjoin it, Florida Senate Bill 264 (CS/CS/SB 264), codified at Chapter No. 2023-33, Laws of Florida, would limit select persons from "foreign countries of concern" from directly or...more

Butler Snow LLP

Tennessee Circuit Court Strikes Down Tennessee Law Allowing Warrantless Searches of Private Property by State Wildlife Officials

Butler Snow LLP on

On Tuesday, March 22, 2022, a three-judge panel of the Circuit Court for Benton County, Tennessee, issued an order declaring that Tennessee Code Annotated § 70-1-305(1) is unconstitutional, unlawful, and unenforceable, and...more

Patton Sullivan Brodehl LLP

Remedies for Trespass by Encroachment

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A trespass by way of encroachment occurs when a building, structure, or other “thing” (as opposed to person or animal), goes beyond the boundaries of the owner’s land onto adjoining land without the permission or consent of...more

Bass, Berry & Sims PLC

Tennessee Enacts New Construction Legislation in 2020

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The Tennessee Construction Industry Payment Protection Act was signed into law on June 22. The Act addresses or reallocates certain risks associated with non-payment on construction projects under Tennessee’s Prompt Pay Act...more

Downey Brand LLP

Update: Signature Gatherers and Solicitors

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As we head into another election cycle, several CGA members have asked about their rights with respect to unwanted signature gatherers and other solicitors. We’ve heard many stories about belligerent signature gatherers who...more

Perkins Coie

Large Jury Verdicts in Hog Nuisance Cases Signal CAFO Litigation Is Rising

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A federal jury last week returned a $473.5 million verdict against the world’s largest pork producer for nuisances caused by three industrial-scale hog farms. The verdict is the largest of three matching verdicts against...more

McDermott Will & Emery

Straight Outta Delaware: JLI Invest S.A. et al. v. Cook et al.

McDermott Will & Emery on

As soon as we start to think that Delaware’s unclaimed property practices and administration couldn’t possibly get any more egregious, another lawsuit like JLI Invest S.A. et al. v. Cook et al., Case No. 11274 surfaces. The...more

Snell & Wilmer

Injunctive Relief for Building Encroachment. Do I Have to Move the House?

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When a land owner mistakenly builds a house or other building or structure that encroaches on a neighbor’s property, what is the remedy? Does the offending land owner have to physically remove the structure from the...more

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