:wallbang:My question involves real estate located in the State of: New Jersey
Thank you all in advance for your time . . . OK, I appeared before a local (municipal) Board of Adjustment, seeking a variance in order to extend an existing 10’ wide room out another 5’. This existing rear room extension is on the property line with 0’ setback because the neighborhood is comprised of brownstones which share common walls. Also, my entire lot’s width is only 20’.
As an aside, all my neighbors are already extended further out than even my extra 5’ would bring me.
The entire hearing boiled down to the Board stating that I could extend out 5’, but only with 3’ setback. Their explanation is that because I must maintain the alley way between the buildings, there could be no obstructions on the property line which would in any way impede firefighters, emergency personnel and all their equipment from entering the back yards. In other words, I must maintain the alley way via the 3’ setback because of Fire Safety reasons. The only problem is that – as I repeatedly told the Board – there are no alley ways to maintain! We are connected brownstones.
Because the property’s entire lot width is 20’, along with the fact that the setback would greatly infringe upon the kitchen patio & sliding doors on the other 10’ of the lot’s width, I told them that the setback is not a feasible option. The Board then denied my variance.
I filed an appeal, which according to the “Land Use Law” requires the filing of a “Complaint in Lieu of Prerogative Writs”. According to the law the municipality must provide the Transcript of the hearing which the Judge then relies upon as the cornerstone of any such appeal.
The town could not produce any transcript of the hearing, as it denied that it told us we had to maintain the alley way.
I was compelled – at considerable legal expense – to, with the Judge’s help, attempt to reconstruct the variance hearing for the court.
In the end, the Judge decided to remand it back to the Board of Adjustment for a rehearing.
Within our complaint, however, we asked the Court to award us our legal fees, aside from the legal costs of the original variance hearing involving the mailings, lawyer, etc.
We simply asked the Court to award us our legal fees because we couldn’t originally “exhaust all administrative options” with the town without the Transcript. Additionally, we had to spend weeks of filing certifications for the Court, as well as appearing before the Judge in order to reconstruct a non-existent Transcript. Finally, because the Board of Adjustment did not do their due diligence in recording the proceedings (they told me their secretary was out that evening) as required by law, I now must further pay for the lawyer, mailings, witnesses, etc. for a new hearing.
The Court’s Decision to remand makes no mention of any legal fee award, the Judge’s clerk keeps telling us that the Judge is away and we can’t get any explanation from our lawyer or anyone else.
QUESTION: What can I do to recover at least some of my legal fees?
Again, I sincerely thank you for your time & wisdom.
Thank you all in advance for your time . . . OK, I appeared before a local (municipal) Board of Adjustment, seeking a variance in order to extend an existing 10’ wide room out another 5’. This existing rear room extension is on the property line with 0’ setback because the neighborhood is comprised of brownstones which share common walls. Also, my entire lot’s width is only 20’.
As an aside, all my neighbors are already extended further out than even my extra 5’ would bring me.
The entire hearing boiled down to the Board stating that I could extend out 5’, but only with 3’ setback. Their explanation is that because I must maintain the alley way between the buildings, there could be no obstructions on the property line which would in any way impede firefighters, emergency personnel and all their equipment from entering the back yards. In other words, I must maintain the alley way via the 3’ setback because of Fire Safety reasons. The only problem is that – as I repeatedly told the Board – there are no alley ways to maintain! We are connected brownstones.
Because the property’s entire lot width is 20’, along with the fact that the setback would greatly infringe upon the kitchen patio & sliding doors on the other 10’ of the lot’s width, I told them that the setback is not a feasible option. The Board then denied my variance.
I filed an appeal, which according to the “Land Use Law” requires the filing of a “Complaint in Lieu of Prerogative Writs”. According to the law the municipality must provide the Transcript of the hearing which the Judge then relies upon as the cornerstone of any such appeal.
The town could not produce any transcript of the hearing, as it denied that it told us we had to maintain the alley way.
I was compelled – at considerable legal expense – to, with the Judge’s help, attempt to reconstruct the variance hearing for the court.
In the end, the Judge decided to remand it back to the Board of Adjustment for a rehearing.
Within our complaint, however, we asked the Court to award us our legal fees, aside from the legal costs of the original variance hearing involving the mailings, lawyer, etc.
We simply asked the Court to award us our legal fees because we couldn’t originally “exhaust all administrative options” with the town without the Transcript. Additionally, we had to spend weeks of filing certifications for the Court, as well as appearing before the Judge in order to reconstruct a non-existent Transcript. Finally, because the Board of Adjustment did not do their due diligence in recording the proceedings (they told me their secretary was out that evening) as required by law, I now must further pay for the lawyer, mailings, witnesses, etc. for a new hearing.
The Court’s Decision to remand makes no mention of any legal fee award, the Judge’s clerk keeps telling us that the Judge is away and we can’t get any explanation from our lawyer or anyone else.
QUESTION: What can I do to recover at least some of my legal fees?
Again, I sincerely thank you for your time & wisdom.
Land Use and Zoning: My Legal Fees Are Enormous and Growing
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