Brookland Land Use & Zoning Lawyer, Arkansas


Matthew Modelevsky

Construction, Credit & Debt, Litigation, Estate Planning
Status:  In Good Standing           

Robert S. Jones

Commercial Real Estate, Business Successions, Business Organization, Consumer Bankruptcy
Status:  In Good Standing           Licensed:  30 Years

Pam Haun

Commercial Real Estate, Trusts, Family Law, Business & Trade
Status:  In Good Standing           Licensed:  23 Years

Jeffrey W. Puryear

Construction, Litigation, Insurance, Medical Malpractice
Status:  In Good Standing           

Martin Emmett Lilly

Construction, Family Law, Divorce, Child Support, Adoption
Status:  In Good Standing           

Malcolm Culpepper

Banking & Finance, Credit & Debt, Real Estate, Wills
Status:  In Good Standing           

Jason M. Milne

Foreclosure, Class Action, Agriculture, Banking & Finance
Status:  In Good Standing           

David D. Tyler

Agriculture, Construction, Business, Environmental Law
Status:  In Good Standing           

Brian Douglas Dover

Real Estate, Employment, Banking & Finance, Accident & Injury
Status:  In Good Standing           Licensed:  28 Years

James W. McLeod

Real Estate, Corporate, Collection, Products Liability
Status:  In Good Standing           Licensed:  14 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

BASIS

For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the pr... (more...)
For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the property, 'adjusted' to reflect improvements made or damage incurred while you own the property. See stepped-up basis, carryover basis.

APPRECIATION

An increase in value. Appreciated property is property that has gone up in value since it was acquired.

UNCONSCIONABILITY

A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, i... (more...)
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, inability to read or inability to understand the language. The unfairness must be so severe that it is shocking to the average person. It usually includes the absence of any meaningful choice on the part of the buyer and contract terms so one-sided that they unreasonably favor the seller. A contract will be terminated if the buyer can prove unconscionability.

SERVIENT TENEMENT

Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would ... (more...)
Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would be a servient tenement.

ELEMENTS (OF A CASE)

The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elem... (more...)
The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elements of a breach of contract claim: There was a valid contract. The plaintiff performed as specified by the contract. The defendant failed to perform as specified by the contract. The plaintiff suffered an economic loss as a result of the defendant's breach of contract.

UNIFORM TRANSFERS TO MINORS ACT

A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is o... (more...)
A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is old enough to receive it. See custodian.

ARBITRATION

A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of ev... (more...)
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts, which usually leads to a faster, less-expensive resolution. There are many types of arbitration in common use: Binding arbitration is similar to a court proceeding in that the arbitrator has the power to impose a decision, although this is sometimes limited by agreement -- for example, in 'hi-lo arbitration' the parties may agree in advance to a maximum and minimum award. In non-binding arbitration, the arbitrator can recommend but not impose a decision. Many contracts -- including those imposed on customers by many financial and healthcare organizations -- require mandatory arbitration in the event of a dispute. This may be reasonable when the arbitrator really is neutral, but is justifiably criticized when the large company that writes the contract is able to influence the choice of the arbitrator.

NUISANCE

Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, every... (more...)
Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, everything from a chemical plant's noxious odors to a neighbor's dog barking. The former would be a 'public nuisance,' one affecting many people, while the other would be a 'private nuisance,' limited to making your life difficult, unless the dog was bothering others. Lawsuits may be brought to abate (remove or reduce) a nuisance. See quiet enjoyment, attractive nuisance.

ILLUSORY PROMISE

A promise that pledges nothing, because it is vague or because the promisor can choose whether or not to honor it. Such promises are not legally binding. For ex... (more...)
A promise that pledges nothing, because it is vague or because the promisor can choose whether or not to honor it. Such promises are not legally binding. For example, if you get a new job and promise to work for three years, unless you resign sooner, you haven't made a valid contract and can resign or be fired at any time.

SAMPLE LEGAL CASES

PH, LLC v. City of Conway

... B. Reverse Spot Zoning. PH also claims that the city council's denial of the rezoning request was reverse spot zoning because the property is an "agricultural island in a sea of residential.". ... We affirm on this point. C. Contract Zoning. ...

City of Ft. Smith v. McCutchen

... On appeal, Fort Smith argues that Ark.Code Ann. § 14-56-425 (Repl.1998) is unconstitutional because it permits a de novo trial on appeal of a legislative determination made by a city Board of Zoning Adjustment (BZA). ... v. City of Little Rock Bd. of Zoning Adjustment, 261 Ark. ...

City of Jacksonville v. City of Sherwood

... area. They also stated that they were aware of, and would comply with, Sherwood's land development regulations and Jacksonville's zoning regulations designed to protect the fly zone of the Little Rock Air Force Base. Michael ...