No Permits, No Easement: Why Unlawful Encroachments May Not Vest [Sullivan’s Take]
Sullivan’s Take, By Randy Sullivan, Drawing on Decades of High-Stakes Litigation Not every apparent prescriptive right vests. At first glance, […]
California Supreme Court Settles the Split of Authority Finding Vicarious Liability for Fire Fighting Costs [By Randy Sullivan]
We previously wrote about a split in authority over vicarious liablity for fire suppression costs incurred by CalFire. We write […]
The Door Is Open For 5th Amendment Takings Lawsuits In Federal Court Under The Civil Rights Act [By Randy Sullivan]
A damaged Property Owner no longer has to exhaust administrative remedies in State Court if they wish to pursue a […]
Preexisting Condition Nullified Equitable Easement [By Randy Sullivan]
Coming to a nuisance is a defense, and so too is coming to own real property with known access issues. […]
Landowner May be Liable for Tenant’s Contamination Decades Earlier Even Where Landowner Had No Knowledge of the Actual Contamination.
In an issue of first impression, California Court rules a landowner may face liability for the groundwater contamination where there […]