Internal Memo: Subdivision Easements Law Regarding Mr. Jones

Essay by baseballlover21University, Bachelor'sA, January 2009

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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" (, 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...