Category: Real Estate Expert Witness
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Real Estate Expert Not Allowed to Opine on Undue Hardship
On September 24, 2024, Plaintiff Pharilyn Chhang filed the operative second amended complaint against Defendants West Coast and Sergio Madrigal, alleging causes of action under the Fair Housing Act (FHA), California Fair Employment and Housing Act (FEHA), wrongful eviction; invasion of private right to occupancy; and breach of duty. Plaintiff claimed that she is a disabled…
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Urban Planning Expert Allowed to Opine on Municipal Zoning Practices
This case involves the Fair Housing Act (“FHA”) and Americans with Disabilities Act (“ADA”). Defendant, the City of Springfield, prohibited Plaintiffs from operating a home for residents in recovery from drug or alcohol addiction. Defendant claimed their zoning ordinance prohibited the home from operating in an R-SF Zone because it is a “group home” under…
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Real Estate Expert’s Generalized Observations Excluded
Mohammed Zafaranchi is charged with conspiracy to commit wire fraud, wire fraud, money laundering, and destruction of records in a federal investigation. The indictment alleged that Zafaranchi operated a series of call centers that defrauded homeowners by charging them for mortgage modification services that were not as represented. Seeking a new trial, Defendant contended that…
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Real Estate Expert’s Opinion on the Market Value of the Miami Property Admitted
Plaintiffs sought the partition and sale of a Boynton Beach property, a Miami property, and a West Palm Beach property (the “Properties”). The Defendants sought to exclude the opinions, analysis, and testimony of George Smith, an expert witness retained by Plaintiffs to provide a Broker Opinion of Value with an opinion of market value for…
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Real Estate Expert’s Use of the Sales Comparison Approach is Permissible
Residents near a biomass power plant in Madison County, Georgia, owned and operated by the defendants, allege that the plant’s noise, vibrations, light, smoke, and soot are negatively impacting their property values. They have filed nuisance and negligence claims. The Defendants are challenging the admissibility of the Plaintiffs’ expert witness, real estate appraiser Kenneth Cantrell,…
