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Tamika Burgess, a resident of New York, inherited 10 acres of land in Ohio. She decided to sell the property to McDonald Contactors, Inc. for the sum...

Tamika Burgess, a resident of New York, inherited 10 acres of land in Ohio. She decided to sell the property to McDonald Contactors, Inc. for the sum of $500,000. McDonald Contractors entered into a contract with Tamika Burgess for the purchase of the above property on June 1, 2007. As part of the contract, Ms. Burgess provided owner financing by accepting a $100,000 down payment from McDonald Contractors and agreeing to receive the remaining $400,000 in monthly installments over a 10-year period. On December 2, 2007, the Ohio Board of Agriculture designated a large area of land as solely agricultural use (“Agricultural Preservation Area”), barring commercial development of any type for a 5-year period. The re-zoning would become effective April 1, 2008. The Agricultural Preservation Area included the property sold by Tamika Burgess to McDonald Contractors. On December 15, 2007, McDonald Contractors, upon learning of the board’s decision, sent a letter to Tamika Burgess stating that it intended to stop making its monthly payments for the land after April 1, 2008 due to the board’s decision to re-zone the land as agricultural use only. Ms. Burgess comes to your firm’s office on December 18, 2007.
The senior partner of your firm has asked you to address the following six issues in an interoffice memorandum of no more than four pages:
Has McDonald Contractors breached its contract with Tamika Burgess? Explain your answer fully.
Does Ms. Burgess have to wait until after April 1, 2008 to sue McDonald Contractors for breach of contract? Explain your answer fully.
Assuming a breach of contract has or will occur, what remedies does Ms. Burgess have after the breach?
What defenses might McDonald Contractors raise in the event it is sued by Ms. Burgess?
Ms. Burgess has stated that a farmer has approached her about taking over the mortgage payments for McDonald Contractors and receiving title to the land. Explain the contract principle(s) that would apply to such an arrangement, whether it would need to be in writing and whether you would need approval from McDonald Contractors.
If Ms. Burgess were to permit a farmer to take over McDonald Contractor’s mortgage payments, please draft a contract clause for the agreement between the farmer and Ms. Burgess that would protect Ms. Burgess should the land’s zoning be changed once again.
Prepare an interoffice memorandum in a Microsoft Word document answering the six issues mentioned above and advising your senior partner on the most advisory course of action for the law firm to take

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