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KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4219
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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How do I get an injunction against a city that would prevent

Customer Question

How do I get an injunction against a city that would prevent them from allowing a hotel and townhomes from being built on land that has more than 17 Federally protected species (according to their ER) and because their traffic study was far to narrow in its scope?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am happy to assist.

This is a very broad question, so I will try to guide you in the right direction.

In order to get an injunction, you would have to have some basis under the law for stopping them. So the first place I would start is the zoning. It sounds like there was a traffic study done, so this went through a zoning approval process already. Maybe you can find a mistake or incorrect law applied during that process, so I would closely review that paperwork and process for a problem you can sue on.

The other issue is the protected species living there. Is the city aware of this? Was this part of the zoning application process? If this has already been reviewed by the city and considered legally allowed (and I guess ethically as well), then you would have a tough time fighting it unless, again, you can find some mistake in the process of getting this to pass.

The injunction part is a motion that is filed in court that you would definitely need to hire a lawyer for, since there are so many technical requirements. That could get costly and lengthy, and I could see it going even for years if the builder and city are determined.