Legal Question in Real Estate Law in California
hi
we have a neighbor who does not want us to build a home on an ajacent property
there is a tree issue, but we have addressed it
the city planning dept approved
they appealed, looks like we will prevail
the city council is not obligated to judge on it, and most likely wont
if the neighbors sue the city after a building permit is issued, can this prevent us from building
we will have a permit
2 Answers from Attorneys
It depends on whether they can persuade the court that their case is likely enough to prevail that they can get a preliminary injunction. Without evaluating the facts and details of the case, there is no way to predict whether they would get an injunction or not. If you need further assistance, please feel free to contact me. I grew up in Palo Alto, served as a judge pro tem in Santa Clara Superior Court for many years, and maintain facilities in Palo Alto to serve clients in northern Santa Clara County.
The objecting parties would need both (1) to comply with the Government Code's provisions respecting bringing suit against a city, and (2) to seek and obtain a temporary restraining order followed by a preliminary injunction that either told the city not to issue the permit, or ordered you not to act on your permit. Somehow this seems less than likely.