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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102342
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have just discovered that a variance sub-station is

Customer Question

I have just discovered that a variance for a sub-station is being applied for on property that adjoins my land where I live. The first meeting was on 7/14 next meeting on 7/21. How do I file a formal complaint?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. Please tell me WHO you wish to file a complaint about, and for WHAT exactly?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
I do not wish to give this information only state that it is s major electric company.An agricultural tract of land adjoining my homestead property was recently sold to an electric company. The zoning does not allow for a sub-station. After several months I see a small orange sign stating an exception for variance is being requested. I am a realtor. I understand this will damage not only my property values but also my health. My grandson lives adjacent to me and is a leukemia survivor of 5 years at age 12. What course of action can I take, if any, to prevent this?
Expert:  Ely replied 2 years ago.
Thank you.
This is not a complaint procedure - yet.
First, one goes to the public meeting, and has a chance to state their mind and explain why the variance should NOT be granted. This is what the meetings are for.
Hopefully, based upon public furor and other consideration, the variance would be denied.
IF it is not denied, one can APPEAL the decision administratively (i.e. up the chain) at least once. If it is still upheld, one can file a Writ of Mandamus and have the COURT review the matter and possibly overturn the decision if it finds something improper.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 2 years ago.
I do not wish to create problems. My husband was born and raised in this county. However, I am strongly opposed to this electric sub-station and feel there are better suited locations where people do not live, for placement.This property was not zoned for a sub station when this property was purchased.
Expert:  Ely replied 2 years ago.
Thank you for your reply.
As a US Citizen and CA resident, someone in your situation would not be "creating problems" by voicing opposition to a variance at a public hearing. This is what they are for. This is partly their purpose. The fact that it was zoned improperly from the get-go only adds to the argument.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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