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Memorandum of Mr Jones and His Business

The appropriate legal forum for any dispute would be the District Court with general jurisdiction of the local area where the development is taking place. In the event legal action is initiated against Mr Jones, there is a possibility to arrive at a settlement, through Mr Jones acknowledging the existence of the easement, bit relying upon recent measures introduced into the law to ease the punitive aspects associated with the enforcement of an easement. These issues are further detailed below.

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Since the adjacent property owner is a citizen of Switzerland, the possibility arises of the case being filed by that property owner based upon the criterion of the diversity of citizenship. This is applicable in the case of litigation between citizens of the United States and another country (www.Uscourts.gov). But in this instance, it appears that despite the adjacent property owner is a citizen of Switzerland, it is the State court system that will exercise jurisdiction as opposed to the federal courts because (a) the case may not involve more than $75,000 in potential damages and (b) state courts generally deal with real estate issues, such as that which has arisen in this case. The issues raised in this case, namely, the encroachment of an easement, cannot be categorized as falling exclusively within the federal domain, such as bankruptcy or disputes between states, for example.

Rather the real estate issues raised in this case would more appropriately fall within the jurisdiction of the State Courts. On this basis, it appears likely that the Court which would have the appropriate jurisdiction to try this case would be the U.S. District Court which has general jurisdiction, in the State where Mr Jones’ business is developing its properties. This would constitute the trial Court which would have original jurisdiction to try the dispute between Mr Jones’ business and the adjacent property owner, because the matter which has to be dealt with is also&nbsp.not a criminal one but rather, involves a civil issue.

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