Artist Allie was contracted by Company XYZ to paint the entr…
Artist Allie was contracted by Company XYZ to paint the entry way of Company XYZ’s office building. The contract required Company XYZ to pay a deposit of $100,000 within two weeks of execution of the contract. The contract also required Artist Allie to paint the entry way within one month of execution. Artist Allie did not paint the entry way within the required time period, claiming that Company XYZ failed to remit the $100,000 within two weeks. Company XYZ asserted that it sent the check to Artist Allie’s address provided in the contract, but that Artist Allie never cashed the check. Company XYZ sued Artist Allie in federal district court. Artist Allie moved to dismiss the complaint for improper service of process. The motion was granted and Company XYZ’s case was dismissed. Artist Allie then sued in federal district court for breach of contract based on Company XYZ’s alleged failure to make the $100,000 payment. Company XYZ moved to dismiss, contending that Artist Allie was required to file a counterclaim in its original suit.Must the court dismiss the complaint?
Read DetailsYou must type your answer in the box provided and show all y…
You must type your answer in the box provided and show all your work. Answers that do not follow the required steps will receive only partial credit. To earn full credit, follow the instructions below and show all steps: Step 1. Type the provided values along with their units in the problem, and designate a specific symbol (standard) for each known value and value that you need to determine. Step 2. Type the general equations that you will use to solve the problem using the variables (no numbers yet). Step 3. Show steps to utilize the provided values and their respective units to calculate the answer for the value you need to determine. A toy car is placed in front of a concave mirror at a distance of 15 cm. A real image of the car is projected onto a wall at a distance of 30 cm from the mirror. What is the focal length of the mirror?
Read DetailsYou must type your answer in the box provided and show all y…
You must type your answer in the box provided and show all your work. Answers that do not follow the required steps will receive only partial credit. To earn full credit, follow the instructions below and show all steps: Step 1. Type the provided values along with their units in the problem, and designate a specific symbol (standard) for each known value and value that you need to determine. Step 2. Type the general equations that you will use to solve the problem using the variables (no numbers yet). Step 3. Show steps to utilize the provided values and their respective units to calculate the answer for the value you need to determine. In a physics experiment, a student records that a pendulum completes 40 full swings in 60 seconds. Calculate the period of this pendulum’s oscillation.
Read DetailsGeorge Sheetz (Plaintiff) wanted to build a small, prefabric…
George Sheetz (Plaintiff) wanted to build a small, prefabricated home on his residential parcel of land. To obtain a permit, though, he had to pay a substantial fee of $23,420 to mitigate local traffic congestion. El Dorado County, California (Defendant) is a rural jurisdiction that lies east of Sacramento and extends to the Nevada border. In recent decades, the County has experienced significant population growth, and with it an increase in new development. To account for the new demand on public services, the County’s Board of Supervisors adopted a planning document, which it calls the General Plan, to address issues ranging from wastewater collection to land-use restrictions. The Board of Supervisors is a legislative body under state law, and the adoption of its General Plan is a legislative act. To address traffic congestion, the General Plan requires developers to pay a traffic impact fee as a condition of receiving a building permit. Defendant uses proceeds from these fees to fund improvements to its road system. The fee amount is determined by a rate schedule, which takes into account the type of development (commercial, residential, and so on) and its location within the County. The amount is not based on the cost specifically attributable to the particular project on which the fee is imposed. Sheetz sought relief in state court. He claimed, among other things, that conditioning the building permit on the payment of a traffic impact fee constituted an unlawful “exaction” of money in violation of the Takings Clause. The trial court rejected Plaintiff’s claim and ruled that fees imposed on a broad class of property owners through legislative action are determined by the discretion of the state legislature. Plaintiff appealed, claiming Defendant failed to follow applicable law by imposing the impact fees per the above General Plan. Please discuss the accepted legal arguments likely to be raised by Plaintiff on appeal and the facts, if any, which support his contentions.
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