Law Offices of Jones & Dyer
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Real Estate Litigation

Jones and Dyer successfully represents a diverse client list, including publicly-traded real estate development, homebuilder, and property management companies; regional and local real estate development, homebuilder and property management companies; real estate brokerage companies (industrial, office, retail, and residential); individual landowners; industrial, commercial and retail landlords and tenants; as well as cities and municipalities in state and federal court in all aspects of real estate-related litigation.

The firm’s comprehensive services cover issues related to:
  • Boundary disputes
  • Zoning and land use disputes
  • Commercial, industrial, and retail lease disputes, including defaults, lease pass-through (CAM, taxes and insurance) overcharge claims, use restrictions, fixtures and equipment disputes, and seizures of inventory, fixtures and equipment
  • Purchase and sale contracts for industrial, commercial and large tract residential properties
  • Eminent domain/condemnation issues and claims for public agencies and public utilities
  • Property insurance coverage disputes, including title insurance
  • Property tax assessments
  • Mechanics and other liens
  • Trespass and nuisance actions
  • Adverse possession
  • Easement disputes


Our real estate litigation experience includes:

Zoning
Represented regional shopping mall center REIT in litigation concerning nuisance and zoning. After tendering the defense to tenant who created nuisance situation, we obtained a $150,000 settlement in federal courts against the tenant for breach of indemnity and defense provisions of the lease agreement. We resolved the claim with respect to the adjoining landowner by arranging a reconfiguration of the refuse containers.


Boundaries/Title Disputes
  • Successfully represented developer in boundary dispute involving rural property. Prevailed in quiet title action resulting in defendant purchasing disputed land from our client.
  • Successfully represented property owner in partition by sale action against Canadian co-owner who had to pay our fees and costs out of property proceeds.
  • Successfully represented property owners association in quiet title action concerning a beach at Lake Tahoe. As a result of our maneuvering, property owner association obtained clear title to beach and littoral lands allowing entitlement to a 50 boat buoy field on Lake Tahoe.


Land Use - Eminent Domain Litigation

Our attorneys represented numerous clients in disputes resulting from local government zoning decisions, required proffers, and other governmental limitations or conditions on use and development of property. We have also represented both title companies and landowners in various real estate title and boundary line disputes. Additionally, we have represented landowners in administrative and judicial challenges to real estate taxes and assessments.
  • Successfully represented regulated public gas utility in obtaining many easements including a one-half mile easement across private property including the rare remedy of immediate possession.
  • Successfully represented local public entity in dispute involving Coastal Commission and shoreline development.


Easements
  • Represented regulated public utility in declaratory relief and quiet title action involving easements in Tahoe City, California. Case settled for a waiver of costs when our Motion for Summary Judgment was filed showing clear title to the easement across the claimant’s land.
  • Assisted regulated public utility in a transfer of title to easements across all of South Lake Tahoe, California as part of a utility acquisition.
  • Successfully represented a commercial property developer in the acquisition of gas and sewer easements across adjacent landowner’s property.
  • Successfully represented property owner in enforcing limits of easement claimed by ski area.
  • Successfully represented walnut grower by obtaining temporary restraining order and preliminary injunction restraining regulated public electrical utility from expanding its easement right by unreasonably trimming trees.
  • Successfully represented landowner in dispute over easement description for access to natural gas storage site.


Commercial Landlord Tenant Disputes
  • Represented a regional shopping center owner against a grocery store chain concerning breach of leases. Obtained $3.1 million settlement.
  • Successfully defended a multi-million dollar action alleging breach of lease against a multi-national event planner. After rejecting a $2 million demand, we proceeded to trial on the terms of a multi-tenant lease resulting in a defense decision by the court. Case settled on appeal after waiver of costs.
  • Successfully negotiated lease dispute between a large accounting firm and a national real estate investment trust (REIT) concerning dispute over additional rent for building operating expenses.
  • Successfully defended a national commercial developer in a lease dispute concerning zoning and utility capacity involving industrial property.


American with Disability Act
  • Represented several Sacramento commercial property owners in complex federal ADA litigation involving historic properties in Old Sacramento. Negotiated nuisance value settlement on all claims.
  • Represented a large national hotel chain with respect to ADA claims brought in the Sacramento region resulting in nuisance value settlements.


Real Estate Fraud
Successfully defended individuals in connection with a condominium conversion project. We obtained a Summary Judgement in our client’s favor on all counts as to the individual defendants named in Complaint.


Complex Real Estate Litigation Matters
Successfully represented a Catholic elementary school in dispute concerning zoning and planning problems caused by a large hospital expansion project. Successfully negotiated a $15 million payment and property swap with hospital allowing school to be relocated into a new structure on a similar size piece of property.



To find out more about this, call (916)552-5959.