Real Estate Lawsuits: Large Homes on Small Properties
Posted on Aug 28, 2012 1:20pm PDT
The homeowners in the Metairie Club Gardens are living in luxury. Every home in the beautiful neighborhoods in this area costs well over one million dollars. The multi-story, beautifully landscaped homes often bring in well-to-do families with successful business. The Metairie Club Gardens has been listed as one of the most expensive neighborhoods in Louisiana, and the average home costs about $1.2 million.
Some of the houses cost up to $5 million, while even those on the lower end cost at least $500,000. Now, the many high-rolling homeowners in the area are involved in a lawsuit because they believe that the homes in Metairie Club Gardens are getting too luxurious and large for their taste. According to The Times-Picayune, the homeowners associate has decided to sue a property owner after he chose to build an enormous house on his land. The giant estate is allegedly a violation of zoning laws, and neighbors aren’t too happy about it.
News reports say that the house under construction doesn’t meet the setback or height restrictions, which is why the neighbors believe that the construction needs to be halted. The homeowner has argued that he was assured that home was in the legal height and width limits by the Parish Council. Now that he has learned that his construction plans were in violation of code, he believes that the Metairie Club Gardens isn’t being fair. They gave him permission to build the home in the past, and he doesn’t think that his work should be halted now. The homeowner is being targeted for lawsuit along with the Parish Council, which approved the plans and supplied allegedly faulty information.
The suit says that the plans for the house show a 21-foot setback from the North line property line, and a height of 33 feet and 6 inches tall. The homes in the Metairie Club Gardens are not allowed to exceed 35 feet tall without variants. The building permit could not be obtained with permission form the Old Metairie Neighborhood Conservation District. At a board meeting, the men and women on that committee said that they were worried the house might exceed the zoning limitations.
Yet the parish planner still confirmed the setback measurement at a later meeting and did not ask the homeowner to change his height limits on the home. Once the project was approved, the foundation for the house was laid, and many of the people who had approved the plan balked in fear of what was taking place. The home took up an entire block in the Metairie Club Gardens, and shot up to 40 feet towards the sky.
The homeowners association is requesting that all construction be halted on the home until the alleged violations can be corrected. This may mean re-blueprinting the entire home. The Inspections and Code Enforcement Development will probably revoke the building permit and the homeowner will need to wait multiple months for the debates to be resolved. The Parish attorney recently said that a settlement is in the works to resolve the debate and allow the millionaire to continue construction on his large home.
The matters still remain in litigation, but both sides of the lawsuit hope to come to an agreement as soon as possible. If you are in a legal dispute due to building code violations in your neighborhood, you need a real estate attorney to help. By choosing a lawyer that is well-versed in the area of real estate law, you might be able to settle your case faster and see a more satisfactory outcome. Talk to a real estate attorney near you today to get started on your lawsuit and work towards the settlement you’re hoping for!