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The Smith Firm offers attorney services focusing on real property, environmental and general business
law. Emphasizing personal contact with clients, we help to avoid litigation by early legal understanding.
When litigation is
necessary, we practice it competently. Call for a free initial legal
consultation. Use the online form day or night to
get detailed legal advice right away.
Here's
what we've done for clients recently:
- Our
client, a small restaurant, was "stuck up" by a
professional plaintiff's Americans with
Disabilities Act (ADA) complaint. We got the case thrown out of federal
court on a summary judgment for lack of standing.
- Our
client, a "mom and pop" dry cleaner, was responsible for
ground and water contamination. We worked with environmental
consultants to reduce costs while assuring that regulators were
quickly satisfied.
- Obtained
resolution for our clients in property title disputes.
Several clients have had former "partners" or relatives demand a cut of the property value because they lived in the
place for any given period. These are often bogus, extortionist
claims that should be dealt with aggressively.
We
believe our responsibility is ultimately to the legal system and the
Final Judge. So we hew to strict standards of honesty and fairness while
providing zealous, competent and affordable representation of our
clients. If you are that kind of client, we're your kind of attorney.
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Legal Developments & Events
Real property: The evidence was insufficient as a matter of law
to establish a real estate development company's claim of inverse
condemnation based on interference with the right of access, which arose
from a city's diversion of truck traffic in a manner that allegedly
interfered with access to the company's business park. At most, the
traffic backups required tenants of the business park to use an entrance
that was less convenient, and although access to the business park might
have been circuitous and slow because of the volume of traffic, there was
nevertheless a reasonable means of ingress and egress at all times. Border
Business Park, Inc. v. City of San Diego. (September 26, 2006)
Environmental: California state agencies' plan to convert
farmland to wetland wildlife habitat under Williamson Act conservation
easement, including major grading, ponding and long-term maintenance, was
not exempt from the California Environmental Quality Act's requirements of
environmental review. Class 13 categorical exemption under CEQA focuses on
preserving land in its natural state; Class 4 pertains to minor
modifications to land only. Nor did the project qualify for the
"common sense" exemption for no possible environmental impact. California
Farm Bureau et al. v. California Wildlife Federation et al. (September
21, 2006)
Get More Legal
UNDERSTANDING IN OUR BLOGS:
Smith
on California Property: comments on California real property
law for real California people in real situations.
Smith
on California Integrated Waste Management: Commentary on the
state and future of California solid waste, recycling and related policy,
law and practices.
Smith
on Environmental Law: musing on the state and development of environmental law, the federal acts and California's state acts in particular.
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