Lake Como Land Use & Zoning Lawyer, Florida
David Ashley Smith
Land Use & Zoning, Administrative Law, Business
Status: In Good Standing Licensed: 18 Years
4049 Reid St, Fort Mc Coy, FL 32177
Profile LAWPOINTS™26/100
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4049 Reid St, Fort Mc Coy, FL 32177
Profile LAWPOINTS™24/100
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Karen Christina Ferguson
Commercial Real Estate, Land Use & Zoning, Government, Administrative Law
Status: In Good Standing Licensed: 19 Years
4049 Reid St, Fort Mc Coy, FL 32177
Profile LAWPOINTS™22/100
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Fort Mc Coy, FL 32178
Profile LAWPOINTS™24/100
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1769 E Moody Blvd, Bunnell, FL 32110
Profile LAWPOINTS™24/100
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Jay William Livingston
Commercial Real Estate, Land Use & Zoning, Lawsuit & Dispute, Estate Planning
Status: In Good Standing Licensed: 20 Years
391 Palm Coast Pkwy Sw, Palm Coast, FL 32137
Profile LAWPOINTS™24/100
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Dennis Knox Bayer
Commercial Real Estate, Land Use & Zoning, Mediation, Estate Planning, Medical Malpractice
Status: In Good Standing Licensed: 39 Years
109 S 6Th St, Flagler Beach, FL 32136
Profile LAWPOINTS™34/100
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James Stowers
Land Use & Zoning, Real Estate, State and Local, Administrative Law
Status: In Good Standing Licensed: 18 Years
85 Abacus Ave, Ormond Beach, FL 32174
Profile LAWPOINTS™34/100
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John Henry Hankinson
Land Use & Zoning, Government, Environmental Law
Status: In Good Standing Licensed: 45 Years
9150 Mellon Ct, Saint Augustine, FL 32080
Profile LAWPOINTS™19/100
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Courtney P. Gaver
Land Use & Zoning, Family Law, DUI-DWI, Credit & Debt
Status: In Good Standing Licensed: 9 Years
100 Whetstone Pl, Saint Augustine, FL 32086
Profile LAWPOINTS™34/100
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LEGAL TERMS
ESTOPPEL
(1) A legal principle that prevents a person from asserting or denying something in court that contradicts what has already been established as the truth. equit... (more...)
(1) A legal principle that prevents a person from asserting or denying something in court that contradicts what has already been established as the truth. equitable estoppelA type of estoppel that bars a person from adopting a position in court that contradicts his or her past statements or actions when that contradictory stance would be unfair to another person who relied on the original position. For example, if a landlord agrees to allow a tenant to pay the rent ten days late for six months, it would be unfair to allow the landlord to bring a court action in the fourth month to evict the tenant for being a week late with the rent. The landlord would be estopped from asserting his right to evict the tenant for late payment of rent. Also known as estoppel in pais.estoppel by deedA type of estoppel that prevents a person from denying the truth of anything that he or she stated in a deed, especially regarding who has valid ownership of the property. For example, someone who grants a deed to real estate before he actually owns the property can't later go back and undo the sale for that reason if, say, the new owner strikes oil in the backyard.estoppel by silenceA type of estoppel that prevents a person from asserting something when she had both the duty and the opportunity to speak up earlier, and her silence put another person at a disadvantage. For example, Edwards' Roofing Company has the wrong address and begins ripping the roof from Betty's house by mistake. If Betty sees this but remains silent, she cannot wait until the new roof is installed and then refuse to pay, asserting that the work was done without her agreement.estoppel in paisSee equitable estoppel.promissory estoppelA type of estoppel that prevents a person who made a promise from reneging when someone else has reasonably relied on the promise and will suffer a loss if the promise is broken. For example, Forrest tells Antonio to go ahead and buy a boat without a motor, because he will sell Antonio an old boat motor at a very reasonable price. If Antonio relies on Forrest's promise and buys the motorless boat, Forrest cannot then deny his promise to sell John the motor at the agreed-upon price.(2) A legal doctrine that prevents the relitigation of facts or issues that were previously resolved in court. For example, Alvin loses control of his car and accidentally sideswipes several parked cars. When the first car owner sues Alvin for damages, the court determines that Alvin was legally drunk at the time of the accident. Alvin will not be able to deny this fact in subsequent lawsuits against him. This type of estoppel is most commonly called collateral estoppel.
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.
HOMESTEAD DECLARATION
A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that ... (more...)
A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that is, you are not required to record a homestead declaration in order to claim the homestead exemption. A few states do require such a recording, however.
HOMEOWNERS' ASSOCIATION
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as... (more...)
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as salting and sanding a subdivision when it snows and collecting dues from residents. The homeowners' association is also responsible for enforcing any covenants, conditions & restrictions that apply to the property.
INCAPACITY
(1) A lack of physical or mental abilities that results in a person's inability to manage his or her own personal care, property or finances. (2) A lack of abil... (more...)
(1) A lack of physical or mental abilities that results in a person's inability to manage his or her own personal care, property or finances. (2) A lack of ability to understand one's actions when making a will or other legal document. (3) The inability of an injured worker to perform his or her job. This may qualify the worker for disability benefits or workers' compensation.
SPECIFIC PERFORMANCE
A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the ... (more...)
A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the winner.
EXCULPATORY CLAUSE
A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by t... (more...)
A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by the landlord's actions. Most states have laws that void exculpatory clauses in rental agreements, which means that a court will not enforce them.
TENANT
Anyone, including a corporation, who rents real property, with or without a house or structure, from the owner (called the landlord). The tenant may also be cal... (more...)
Anyone, including a corporation, who rents real property, with or without a house or structure, from the owner (called the landlord). The tenant may also be called the 'lessee.'
DIRECTOR
A member of the governing board of a corporation, typically elected at an annual meeting of the shareholders. Directors are responsible for making important bus... (more...)
A member of the governing board of a corporation, typically elected at an annual meeting of the shareholders. Directors are responsible for making important business decisions -- especially those that legally bind the corporation -- leaving day-to-day management to officers and employees of the corporation. For example, a decision to borrow money, lease an office or buy real property would normally be authorized by the board of directors. However, in the small business world, where it is common for owners to be directors, officers and employees simultaneously, distinctions dividing the roles and responsibilities of these groups are often blurred.
SAMPLE LEGAL CASES
Citrus County v. Halls River Development
... the Halls River property classification from MXU to CL in the Plan and on the Generalized Future
Land Use Map ("GFLUM"), the map that shows future land uses under the Plan, it unfortunately
did not update the property's designation in the LDC or the LDC zoning maps. ...
Keene v. Zoning Bd. of Adjustment
We review a final judgment in favor of the Zoning Board of Adjustment of Putnam 666 County
(the Zoning Board) and Ronald and Ossie Wilson (the Wilsons) rendered in the declaratory judgment
suit filed by Harold Keene challenging the decision of the Zoning Board to grant the ...
RICHARD ROAD v. MIAMI-DADE BD. OF COM'RS
... Richard Road Estates, the owner of real property in southwest Miami-Dade County, seeks second
tier certiorari review of a circuit court appellate division decision affirming the refusal of the
Miami-Dade County Commission to grant a change in zoning of the petitioner's property ...
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