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


Asked on 3/11/11, 6:25 pm

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.

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Answered on 3/12/11, 12:31 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 3/13/11, 6:19 pm


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