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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111568
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can we sue an ACC to provide an ACC request approval? There

Customer Question

Can we sue an ACC for failure to provide an ACC request approval? There is far more to this question that what is on the surface. For more information, see www.kob.com investigates keyword cabana.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the cabana was approved as you said and all fines were reversed as you say, they cannot come back after the fact to now try to deny it. The issue here is prior approval constitutes waiver and also laches, which are equitable legal theories. If they continue to try to pursue the owner on this matter, you can indeed sue them for a declaratory judgment and damages for them trying to remove previously granted approval and for any costs and attorney's fees for having to take them to court.
Waiver and laches are equitable theories that say that once the structure was approved, they cannot later come back to try to disapprove it. The approval was your right to have the structure and they cannot later try to deny it once approved.

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