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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3618
Experience:  Experienced real estate lawyer and real estate broker.
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The Architectural Review Board in our California city approved

Customer Question

The Architectural Review Board in our California city approved my neighbors' remodel to add a 3rd story to their home. We and 3 neighbors wrote and appeared to oppose the remodel at the ARB claiming the remodel blocks our view, sets a precedent and alters our 9 home cul de sac's neighborhood's single story appearance in ways that we alleged are in violation of the city's design guidelines. We appealed to the City Council, and our appeal was heard as a "hearing de novo". The staff report given to the Council supported the ARB and a resolution to the same effect was provided by staff before our de novo hearing started, though the staff report also said the Council could come to a different conclusion or return it to ARB. The Council voted to affirm the decision of the ARB. How can this have been a de novo hearing, if all they did is hear testimony and then cited and affirmed all the terms and decision of the ARB? How can the hearing be de novo, if the staff report recites what the ARB did and proposes a written affirmation?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 6 months ago.
It sounds like they did not give it the proper hearing as a de novo matter. You have the right to a full hearing with evidence presented by all of your witnesses and written testimony. Since they have violated their own protocol, your course of action is to go to the Superior Court for your county in California, and under California law, you have the right to request a temporary restraining order "TRO" against the municipality, so that no construction can begin and the status quo will be preserved following which the Superior Court will have a fully hearing on the matter. You will also be able to recover all attorneys fees and costs, under California law, since the administrative procedures were not properly followed, thereby requiring Superior Court intervention. Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.
Expert:  WiseOwl58 replied 6 months ago.
Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.
Expert:  WiseOwl58 replied 6 months ago.
Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.
Expert:  WiseOwl58 replied 6 months ago.
Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.