Michelman & Robinson Paves the Way Firm Client Shadow Pines Can Now Proceed With Planned Residential Development

Michelman & Robinson, LLP’s (“M&R”) is pleased to announce its recent victory in an easement dispute that had long compromised development of a planned residential community. After a five day trial, the Superior Court of California for the County of Los Angeles found in favor of the defendant Shadow Pines (“Shadow”) on the Ejectment, Quiet Title and Declaratory Relief causes of action. Windsor Pacific LLC vs. Samwood Co. Inc., et al., Case No. PC046686.

Windsor Pacific (“Windsor”) is a neighboring landowner to Shadow, a joint venture that includes among others, homebuilder, Brookfield Homes, in a rural part of Canyon Country. In mid-2005 Windsor and Shadow entered into an agreement to work together regarding their proposed neighboring developments. Following some unexpected delays with the County of Los Angeles, Windsor moved to renegotiate its agreement with Shadow, forcing Shadow to contractually terminate the agreement with Windsor. On February 12, 2009, Windsor filed a lawsuit against Shadow claiming public and private prescriptive easements over Shadow’s land. A granting of any such easement would have challenged Shadow’s approved planned residential development of nearly 500 homes.

Windsor, who relied largely on paid experts, claimed that Windsor, Windsor’s own agents and neighbors had used the dirt roads in question for the necessary 5 year timeframe to earn prescriptive easements over Shadow's land. Conversely, M&R partner, Eric J. Rans and his team provided testimony from numerous local residents and unbiased witnesses to contradict Plaintiff’s overall theme and testimony.

Shadow’s legal team, which included M&R associates David J. Williams and Stephen R. Isbell in addition to Mr. Rans, proved that Shadow had previously provided Windsor permission to use the roads in question and that Windsor had failed to meet the high burden of proof to be awarded the easements.

Eric J. Rans who led the team effort comments, “We are pleased that Shadow can now proceed with its approved tract map and develop its planned residential community. We believe this will greatly improve the infrastructure and value to the nearby residents.”  “Eric handled the case very professionally, adding to a series of successful outcomes that Eric and Michelman & Robinson have worked through for us. We couldn’t be more pleased with the results, cost-effectiveness and service,” adds Rick Doremus, President and Owner at Synergy, a Land Development Company.

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