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We have an empty lot next door where they are planning to…

Customer Question
Hello, My name is*****...

Hello, My name is*****: Where is the property located?

We have an empty lot next door where they are planning to build condos 3 stories high in a residential area. The hearing is on Oct. 5 and we didn't receive a letter until this last Saturday. We would like to know our options and if there is a way to block this.

Lawyer's Assistant: Has any paperwork been filed?

Not on our part. We need to make sure we attend the Hearing.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The lot is located on 1904 E Yale St. Phoenix. My house is directly west. My phone number is(###) ###-####

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 1 minute by:
9/25/2017
Real Estate Lawyer: Dwayne B., Attorney replied 10 months ago
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Real Estate Lawyer: Dwayne B., Attorney replied 10 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Real Estate Lawyer: Dwayne B., Attorney replied 10 months ago

Do you know if there are any deed restrictions or zoning restrictions against this?

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Customer reply replied 10 months ago
there are two zoning restrictions and I think this is what the hearing is about.
Real Estate Lawyer: Dwayne B., Attorney replied 10 months ago

There is not a lot you can do in the legal area until they have the hearing. If it is not approved then that solves the problem.

You could start gathering signatures on a petition of people throughout the neighborhood that don't want the condos there.

If you are really serious you can hire a local lawyer and have them prepare the petition for you to get signatures, check to see if there are traffic studies done on how this will affect traffic, appraisers on how it will affect your property values

(which would be handy to have when trying to get signatures), etc.

If the variance is approved then you have to file for an injunction in court to stop the building immediately.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 10 months ago
Thank you
I am serious.I was thinking about a petition. How would I go about developing an official petition?
How much would it cost me to see about hiring an attorney? Could members of the neighborhood share the cost of the lawyer?
Would the lawyer get the traffic studies? If not, how would I go about getting research on these studies?
Real Estate Lawyer: Dwayne B., Attorney replied 10 months ago

You would have to check with your city and see if they have a specific form that has to be used for a petition. If not, then you just draft one and be sure that the people who sign it give their name, address, and telephone number so they can be verified.

Yes, you could split the cost of the lawyer but the fees can vary tremendously so you would just need to call around.

You would check with whoever has the streets involved. So if it is a state highway, with the state. If a city street, with the city, etc. The lawyer can get them quicker than you can but you should be able to get them yourself if you want to put the time in.

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Customer reply replied 10 months ago
How much will it cost to have an attorney look at the paper work?
Real Estate Lawyer: Dwayne B., Attorney replied 10 months ago

As I said, the prices for attorneys vary widely. Most local attorneys won't just review paperwork for you because it is too much risk for too little return.

You can consider hiring a contract lawyer at a place like upwork.com or freelancer.com. Those places have people who do it by the job or by the hour.

However, if you are really serious about preventing the condo from being built it would be better to just go ahead and hire a local one and spend the money to be sure everything is done right from the beginning.

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Customer reply replied 10 months ago
Okay
thank you very much.
Oztok
Real Estate Lawyer: Dwayne B., Attorney replied 10 months ago

You are very welcome. You are probably going to think of some follow up questions later, most people do on a question like this, and you can come back to this question to ask them.

Also, please don't forget to leave a 5 Star Positive Rating so I receive credit for my work.

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