Third Parties Claim To "external Obsolescence" - The Whole Street!

[DeprivationDiddy]

To the OP, are the neighbors suing the LL or are they simply complaining to the City?

They are appealing to the board of appeals to overturn the city's designation of valid grandfathered use.

 

[DeprivationDiddy]

and now want to unjustly enrich themselves at the expense of the sister...

That's an excellent point. It's the epitome of something that is unjust. As well as an obstruction of the LLs rights to use and lease his constitutionally provided interests.

They are appealing to the board of appeals to overturn the city's designation of valid grandfathered use.

 

[Mark K]

They are appealing to the board of appeals to overturn the city's designation of valid grandfathered use.

The legal, non-conforming condition should be addressed in the zoning ordinance. I seriously doubt that the BZA can override the ordinance. BZA can usually allow certain things but I don't think they can take away something that is allowed.

In most cases the only way an owner can lose the grandfathered status is either the property is totally or mostly destroyed or if the grandfathered use is changed or the building sits vacant for a designated period of time. I deal with it all the time.

 

[Mark K]

As well as an obstruction of the LLs rights to use and lease his constitutionally provided interests.

I wouldn't go so far as to say they're "constitutionally provided" but the use is allowed by ordinance if the municipality says its grandfathered.

 

[Meandering]

I wouldn't go so far as to say they're "constitutionally provided" but the use is allowed by ordinance if the municipality says its grandfathered.

And if they take the grandfathered use away,
it's an effect of taking and they would have to pay the owner for the taking of the right to operate the way that it legally is, now.

.

 

[glenn walker]

This could back fire on these owners in the future because essentially they may be Red-Lining their own neighborhood, it sucks and they want lower tax assessments , OK- what if I take certain cities in Los Angeles County that all the locals know are out right dangerous to live in , they are assessed at the same rate as any other property but suck up 2 to 3 times local resources like police, fire , schools, transportation Etc. So what if those owners go to the County and request lower assessments ? IS there any future requirement to disclose to potential buyers that those neighborhoods assessment are lower because they are high crime areas ? OR do the local Realtors and Appraisers break Federal and State discrimination laws by informing people those neighborhoods are not safe to live in ?

Don't know except next these same owners will be claiming the value of there properties declined because the assessors Red-Lined their neighborhoods. Just Saying !

 

[Artemis Fowl]

Appearance at board meetings is free. Tears can be pretty effective sometimes but at the end of the day, you nor your sister own that property.