You have been most helpful.
The case at bar is one in which a developer paid for and installed full services on several thousand lots. The developer then paid taxes based on full value of a developed lot for 7 years. Then when times got better and permits for housing units were sought, the County denied the permits on the grounds that it had let the services deteriorate to the point where major rehabs were needed before permits could be issued.
In a virtually exactly similar case the trial court and the appellate court granted the owners DAMAGES of $13 million, of which $7Million were post facto, which were paid.
The judgment provided both for full damages for the value of the lots and still allowed the Plaintiff full ownership of the lots. A result that staggers the mind in its one-sidedness. Nevertheless that is what happened.
There was no insurance coverage.
In the case at bar the pre-trial numbers are in the order of $40-$50 Million and since the case is in the same appellate jurisdiction, the case law applies.
If we exclude bankruptcy and the ability to tap into designated funds, all that is left is going after the County indefinitely. How does that work? If the County can continue to function without a threat of bankruptcy and simply stave off collection efforts over the next 30 years as best it can, it would have little incentive to settle reasonably.
Would it be reasonable for a legal advisor to suggest that as the best available alternative?
Thanks very much
You're welcome. Please leave a positive rating before you exit this chat as it is the only way I get credit for my answers. If you have any questions in the future regarding this matter come back to this thread and I'll be happy to answer. Thanks and good luck with the matter.
I will be delighted to give you a positive rating.
If I am not abusing your time, perhaps you could answer just one more question:
What obligation does a Plaintiff have to a lawyer who represents him on a contingency fee if he terminates representation because he believes his case is not being properly handled?
1. Is he liable for the time spent on an hourly basis? or
2. Is he liable for more if the case is eventually successful and the original lawyer claims that he was responsible for the success?
I believe the right to terminate a lawyer is absolute.
Ronald , I would like to continue to assist you on this matter. However, according to the terms of service of the usage of this website your current question is outside the scope of your original question, so I will need you to positively rate this response before I proceed to provide answers to your additional questions. If this is agreeable to you, please provide a positive rating for this response. Alternatively you can start another question thread, and I or another expert will assist you. Let me know how you wish to proceed.
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