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Preferred growth planning becomes state mandate under SB 375

  • Alston & Bird LLP
  • -
  • USA
  • -
  • October 13 2008

Newly passed Senate Bill 375 is touted as the most important “land use” bill to reach the Governor’s desk in over 30 years

Punitive damages are justified even where the defendant did not act with conscious indifference in creating the problem that led to damage if the defendant acted with conscious indifference in failing to correct the problem

  • Alston & Bird LLP
  • -
  • USA
  • -
  • October 24 2008

In Wildcat Cliffs Builders, LLC v. Hagwood, a landowner’s property was damaged by erosion and run-off water when a developer working on an adjoining property improperly constructed two concrete retaining walls on the landowner’s property and also graded over part of the landowner’s property, which destroyed over forty of the landowner’s hardwood trees

Developers deemed third-party beneficiary to public works contract where obligated to use town’s engineering firm in construction of subdivision

  • Alston & Bird LLP
  • -
  • USA
  • -
  • February 13 2009

In Becker v. Crispell-Snyder, Inc., the Court of Appeals of Wisconsin held that developers of a residential subdivision could maintain a breach of contract claim against a town’s engineering firm based upon a public works contract between the engineering firm and the town in which the project was located

JP Morgan Chase and Citigroup announce home foreclosure moratorium

  • Alston & Bird LLP
  • -
  • USA
  • -
  • February 13 2009

Today, House Financial Services Committee Chairman Barney Frank (D-MA) released a letter from JP Morgan Chase CEO Jamie Dimon announcing a three-week foreclosure moratorium, through March 6, 2009, on "any new owner-occupied residential loans that are owned and serviced by JPMorgan Chase."

President Obama unveils Homeowner Affordability and Stability Plan

  • Alston & Bird LLP
  • -
  • USA
  • -
  • February 18 2009

Today, President Obama unveiled the Homeowner Affordability and Stability Plan, which is part of the Financial Stability Plan announced by Treasury last week

Wyoming Senate approves carbon storage bills

  • Alston & Bird LLP
  • -
  • USA
  • -
  • February 23 2009

The Wyoming Senate approved three carbon storage bills, HB 57, HB 58 and HB 80, all of which are focused on clarifying issues related to property rights and liability

Wyoming Governor to push CO2 legislation

  • Alston & Bird LLP
  • -
  • USA
  • -
  • January 25 2008

Gov. Freudenthal (D-WY) is currently pushing for the Wyoming State legislature to adopt legislation, that we previously reported on, that would create a regulatory framework for carbon capture and storage

Tax Court rejects service’s economic substance attack on partnership transaction

  • Alston & Bird LLP
  • -
  • USA
  • -
  • February 1 2008

The Internal Revenue Service (the “Service”) has lately enjoyed great success using the economic substance doctrine against transactions the principal purpose of which was the reduction of tax

Two dioxin classes certified in West Virginia; additional class action seeks $300 million in punitive damages

  • Alston & Bird LLP
  • -
  • USA
  • -
  • January 29 2008

A West Virginia state court has cleared the way for property damage claims by 25,000 or more individuals to proceed as class actions in Carter v. Monsanto Co., Circuit Court of Putnam Cty, W. Va. (2000) and Allen v. Monsanto Co., Circuit Court of Putnam Cty, W. Va. (2004

Florida passes bill requiring disclosure of change in ownership or control of entities owning real property

  • Alston & Bird LLP
  • -
  • USA
  • -
  • July 8 2008

During June of its 2008 legislative session, the Florida legislature passed a bill requiring transferors of real property through entity transfers to disclose such transfers for reassessment purposes