Real Estate Q & A: No right to a view without an easement

By Adam D. Martinez | Chairman of Real Estate Litigation Department Question:  We recently constructed a new home on a hillside. The lot has amazing scenic views, which is the main reason we purchased it. Adjacent and below our lot is another lot and home. Our landscape plan included trees that, when grown, will partially block the adjacent neighbor’s scenic …

Got a medical marijuana card? You can’t own a gun; where’s the NRA, asks Ryan Hurley, Rose Law Group partner and director of Medical Marijuana Department

Federal law prohibits selling firearms to marijuana users By Scott Orr | The Daily Courier If you hold a medical marijuana card in Arizona, you cannot possess a firearm. This may come as a surprise to you, said Sherrie Seibert, co-owner of Insight Firearms Training. “We’re seeing customers coming into the store … and have no understanding, because either they …

Court dismisses hundreds of ADA lawsuits; Adam Martinez, Rose Law Group Chairman of Real Estate Litigation, weighs in

By Jim Walsh | East Valley Tribune A Maricopa County Superior Court judge on Friday tossed out hundreds of cases filed against businesses in the East Valley and throughout the metro area that accused them of violating the Americans with Disabilities Act and its state counterpart. Judge David Talamante delivered a blow to the Advocates for Individuals with Disabilities Foundation, …

Groundbreaking water agreement signed, lauded by Thomas Galvin, Rose Law Group land use and water lawyer

NEWS RELEASE: Central Arizona Project(Editor’s note: News releases are published unedited, unless they contain factual errors.) Wheeling, firming and exchanges aren’t words Central Arizona Project (CAP) throws around lightly, but those three words are the basis of an historic agreement recently signed by Central Arizona Project and the U.S. Bureau of Reclamation. The “CAP System Use Agreement” increases the reliability …

Property owner’s rights and developer protections when construction defects occur

By Loren Ungar | Rose Law Group Litigation Attorney Homebuilders use their best efforts to ensure quality construction.  Sometimes, however, construction defects can turn up years later.  But, what protections are afforded homebuilders so that they are not taken advantage of years later after construction has been completed? Arizona has enacted legislation in an attempt to deal with the problem of …