Your team is a mid-size law firm. Your supervisor, a partner in the firm, has been approached by Mr. Al Jones, a land developer and very important client, with the following legal situations:
Mr. Jones's projects include some of the largest residential subdivisions within in the city. While Mr. Jones' business was developing the infrastructure of its newest and largest subdivision, the city discovered an easement for a city utility ine on the subdivision that did not belong to Mr. Jones. The owner of the property where the utility easement is located also discovered the error. The city is threatening to close down the subdivision and Mr. Jones' business and is threatening to sue Mr. Jones for fraud against a municipality. The adjacent property owner is also threatening to sue the client for damages to his property and for trespassing. The adjacent property owner is a citizen of Switzerland.
Your supervisor wants your legal team to identify and analyze the client's legal situation and present to an internal memorandum that assesses the situation and describes how the law firm might help.
In a 400 word memorandum, describe the state and federal courts (in the United States) that may review and resolve the situation.© BrainMass Inc. brainmass.com December 15, 2020, 5:04 pm ad1c9bdddf
To: All members of MG Associates:
From: Doug Swanson, Junior Lawyer, MG Associates;
Date: October 20, 2009
Subject: Legal Issues.
The legal situation is an easement has been discovered on the subdivision that was being developed by Mr. Jones. The easement is for a utility line. The legal position is that the city as well as the owner of the property to which the utility line belongs to have the right of easement. The neighboring tenant in this case is the dominant tenement and Mr. Jones is the servient tenement. This easement had been created out of necessity and has remained underground.
The essential issue is if the utility line has in any way been damaged by Mr. Jones or his employees? If the ...
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