Internal Memo: Subdivision Easements Law Regarding Mr. Jones

2603 words - 10 pages

In reviewing the case against Mr. Al Jones three lawsuits are pending against him. The first has been put forth by the city. This suit contends that Mr. Jones knowingly concealed information regarding a utility easement on a property where Mr. Jones' company is constructing a residential sub-division. In concealing this information the city maintains that Mr. Jones has committed fraud. The second and third suits are from a resident alien owner of the adjacent property to the site of the sub-division. This owner's claim is that Mr. Jones trespassed on his property and in so doing cause damage. This memorandum will show that Mr. Jones is innocent of the charge of fraud. The facts will also show that although Mr. Jones did cause damage to the adjacent property he did not trespass. The recommendation in all cases is various types of settlements with both the city and the adjacent property owner.The charges associated with this case involve state and local laws. As a result each of the suits levied against Mr. Jones do not qualify for federal courts. The charge of fraud brought by the city is related to the concealment of the utility easement. As the fraud is limited to the city and does not cross state boundaries no federal law have been broken. Indications are that the case of fraud was not criminal. "Since fraud is intended to employ dishonesty to deprive another of money, property or a right, it can also be a crime for which the fraudulent person(s) can be charged, tried and convicted" (dictionary.law.com, 2008). In this case Mr. Jones is not depriving the city of money, property, or rights. In fact, by building the sub-division the city may receive potential income from additional property taxes for improvements on the land. This case cannot be heard in municipal court since the utility easement is a county matter and the sub-division costs are greater than $25,000 (dictionary.law.com, 2008). Since no evidence exists in regards to criminal action related to the fraud charge the case would be held in the state Civil Division Court.In the matter of trespassing on the adjacent property this is a civil matter. Trespassing laws are a matter of the state and not a federal charge unless the person trespasses on federally owned land. In this case the land is privately owned. Although Mr. Jones caused damage to the property there was no intent to do harm either to the property or any persons on the property. This case is to be heard in the State Civil Division court. In relation to the damage caused by Mr. Jones to the adjacent property this is not a criminal case. The case could be heard in either the Municipal or Small Claims court. This is dependent on the sum of damages caused by Mr. Jones. If the sum of damages is greater than the limitations of either court the matter would be held in the State Civil Division court.It should be noted that the nationality of the adjacent property owner is not a factor in this case. The property is located in the...

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