Real estate law

Write your answer in IRAC format.

Issue statement = name of rule+party names+ key fact.

Rule = write out all rules and definitions of those rules that determine the outcome

Application = analyze every element of every rule. Discuss ALL the facts and both sides. Most of your points are earned in this section.

Conclusion = who wins?

Question 1

Xavier X, a single father, wishes to open an adult bookstore.  The location he has chosen is in a shopping center located next to a junior high school, where his twin boys are in 7th grade.  The city refuses to approve his application (required for licensing of adult bookstores) because the proposed location violates the city ordinance that prohibits the location of such stores within 50 feet of any public school, church or daycare facility.  Xavier was hoping to open near his sons school so that he is close by in the event one of his boys becomes ill, or there is any emergency at the school.  Xavier thinks that the ordinance is unfair and discriminates against single parents like him, who struggle to balance the demands of their careers against the challenges of raising children alone.  He comes to you for advice. What claims, if any, does Xavier have, and will he prevail?

(Discuss in IRAC format.)

Question 2

Joe constructed an airstrip on what he believed to be his property. He owned 100 acres near Palm Springs, CA. He used the airstrip for landing his plane, but he also permitted other pilots in the area to land there. The airstrip was used for 40 years and was located on land that was primarily used for wind power plants. Joe later found out that the land didnt actually belong to him, but actually belonged to the wind energy company, Wind, Inc. Joe brought suit against Wind, Inc. seeking to establish title to the airstrip by adverse possession. Will he succeed?

(Discuss in IRAC format.)

 

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