Quote:
Originally Posted by midiwiz
Very much correct, the developer pretty much "owns" the local courts, HOWEVER they are scared of the Federal Courts, which is exactly where I would take this case. They'll lose in a heartbeat.
I think the real reason is sales are down and they don't want anyone to know how crappy they are building down there.
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It would go to State Court first. The developer would have to show there is a reasonable expectation of privacy in a construction zone in order for it to violate State Law.
State Law is more restrictive than fed law in this instance and it spells out that if the person can be seen from the ground, outside of private property, there is no reasonable expectation of privacy. If they cannot be, but can be seen from the air, there IS a reasonable expectation of privacy.
I posted the law, above.