Eminent domain is one of the harshest tools government can assert to curtail property rights. Zoning regulates how a property owner may use their property, but eminent domain goes to their right to own the property itself. Traditionally victorious, the government occasionally is overzealous in its application of the doctrine against property owners. Recently, the Chicago Tribune wrote about a victory for property owners against a forfeiture action brought by the US government. The case involves a family owned motel in Tewksbury, Massachusetts.
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The Chicago Tribune reports that Kraft Foods, Inc. has sued casual dining chain Cracker Barrel Old Country Store Inc. and its potential retail distributor the John Morrell Food Group to enjoin and nullify their contractual attempt to licensed the trademark "Cracker Barrel" to the distributor for retail distribution. Kraft trademarked "Cracker Barrel" in 1954 and sees Cracker Barrel Old Country Store's attempts to expand the use of their mark from their restaurant chains to retail grocers as infringing their mark.
As usual, the Chicago Tribune reports about a peculiar zoning issue with a famous rock star's tea shop in Highland Park, IL. Smashing Pumpkins lead Billy Corgan, recently installed a 4 foot neon sign of the name of his tea shop, Zuzu's. The famous tea shop owner decided to fight for his right to have an uncharacteristically large neon sign in the affluent suburb. Corgan also fought with the zoning commission in Highland Park about his desire to paint the exterior all black. Zoning disputes are common business and personal legal issues that face property owners in all areas. This simple case study can reveal useful steps property owners of all types can explore to enhance the ways they can use their property.
The Chicago Tribune reports on a common issue among neighbors: how one can use land and what actions a neighbor can take on their neighbor's land. As real property law is foundational, from the Court of Common Pleas in Coke's time to Learned Hand's NY jurisprudence, much of the controversies involving real property have been resolved.
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AuthorRishi Nair owns Nair Law LLC and practices as Of Counsel at Keener and Associates, P.C. Archives
October 2013
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