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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5647
Experience:  28 years of experience in general practice, real estate law and estate law.
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Contacted local county in montgomery county ba over 1 year

Customer Question

Contacted local county in montgomery county ba over 1 year ago with lab for farm and agritourism events. Was issued a building permit for barn for various activities. Over 6 months later after battles on other zoning issues and overcame received a letter from county building inspector that revoked permit based on barn in flood zone. Does county have any liability due to expenditures and completion of construction? Around 200,000.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.

Unfortunately, no. However, if you have business insurance, you may be able to get the insurance company to cover your expenses.

Customer: replied 1 year ago.
I have read that if permitee acted on good faith of erroneous permit that there could be some liability. The property is in zone x plane and did not even require flood insurance from mortgage holder or insurance company. This is a long battle with county of previous attempts to prevent the agritourism activity that I am entitled to by right. I also understand I didnt need a building permit. Again it was a by right on agriculture zone.
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the additional information. However, I do not have anything else to add to my initial response. So, I will opt out and give another Attorney the opportunity to further assist you.

Goodluck with your case,

Expert:  Attyadvisor replied 1 year ago.

While state government has protections from liability you expended money based on the initial permit. I have had years of experience representing both the county and in my private practice representing individuals against the county so i am familiar with both sides. The county has the ability to grant variances and make exceptions in cases where a person would suffer undue hardship. You will want to contact a land use attorney in your area that provides free consultations at http://lawyers.findlaw.com/lawyer/firm/land-use-zoning/montgomery-county/virginia This is worth pursuing. Please feel free to ask me any additional questions that you may have with regard to this matter. If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it. Thank you for using JA! We appreciate your business.

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