Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Land Use, Zoning

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VT: Judgmental Immunity for Legal Advice in Unsettled Areas of Law

Posted in Environmental, Land Use, Zoning, Real Estate, Vermont
Roberts v. Chimileski, 820 A.2d 995 (Vt. 2003) VT: Underlying Real Estate Subdivision; Environmental Law Student Contributor: Eric B. Kang Facts: Client, a real estate developer, consulted lawyers about a statute’s permit requirements concerning the subdivision of land into ten or more lots. The language pertinent to client stated that developers subdividing land into lots… Continue Reading

CT: Substantial Evidence Gets Lawyer Off the Hook

Posted in Case Within a Case, Connecticut, Land Use, Zoning, Proximate Cause, Real Estate
Viola v. O’Dell, 108 Conn. App. 760, 950 A.2d 539 (Conn. App. 2008) CT: Underlying zoning action Student Contributor: Laura Binski Facts: The client operated a landscaping business in the downtown business district zone. The client’s business involved the sale of landscaping equipment, but no retail sales occurred on site. Instead, customers would place orders… Continue Reading

NJ: “Safe” Withdrawal: 90 days before the Statute of Limitations Runs

Posted in Disengagement, Land Use, Zoning, New Jersey, Rules of Professional Conduct (RPCs), Standard of Care, Statute of Limitations
Fraser v. Bovino, 317 N.J.Super. 23 (App. Div. 1998) Student Contributor: Lisa Larato NJ Underlying Real Estate/Land Use Transaction Facts: A deal for the sale of land fell through due to delays caused by challenges to the municipal approval of a condominium project. The real estate agent (Fraser) and the landowners (Genlaws) brought an action… Continue Reading
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