Neighbor's lawsuit against approved building permit

2015-09-20 14:20:09

We had already been in contact with a lawyer who had already reviewed our construction contract. I consider her quite competent, as she is both an engineer and a lawyer (and according to her statement has already challenged building permits herself when things got out of hand – in our case just the other side). A personal appointment is scheduled for the day after tomorrow. From her perspective, it is definitely advisable to comment on the lawsuit as an invited party, since one can never be sure how strongly the district office will support the building permit. The lawsuit itself does not yet have a suspensive or annulment effect; that would only happen if the neighbor wins in court. It is simply a bit annoying, we never intended to do anyone harm with the exemptions from the development plan, but believed it was simply an appropriate administrative act.

2015-09-20 14:39:27

We have already been in contact with a lawyer who had already reviewed our construction contract. I consider her quite competent since she is both an engineer and a lawyer (and according to her own statement has already challenged building permits herself when things got out of hand – in our case it’s just the other side). A personal appointment is scheduled for the day after tomorrow.

From her point of view, it is definitely advisable to comment on the lawsuit as a joined party since you can never be sure how strongly the district office will support the building permit.

The lawsuit itself does not have a suspensive or abolishing effect yet; that would only happen if the neighbor wins in court.

It’s just a bit annoying, we never intended to harm anyone with the exemptions from the development plan but simply believed it was a corresponding administrative act.

Are there then still reasons to stop the construction? Dismantling would be hard to imagine... I would rather suspect damages claims by the authorities. Sounds definitely interesting

2015-09-20 15:34:15

Wait for the answer from the lawyer.

My brother-in-law is in a similar situation. Since January, the shell construction has been standing. Since then there has been a construction stop because the matter is being decided in court.

Have you talked to your neighbor? Sometimes it helps.

Yes, we will definitely wait for the appointment on Tuesday and then see how things proceed.

I would also be fine if we could somehow settle this. However, I wouldn't know how we could accommodate the neighbor here.

2015-09-20 15:38:30

Are there still reasons to stop the construction then? Dismantling would also be hard to imagine... I would rather suspect compensation from the authorities. Sounds definitely interesting

As far as I have read on the internet so far, at least from the time the lawsuit was served, continuing construction is at our own risk. What about the time before, I do not know. The authorities are apparently only liable for damages if they have made a gross error. But all of this is just half-knowledge from the internet.

2015-09-20 23:17:59

wow I'm curious to see what happens

2015-09-20 23:29:46

Please continue reporting!

This is by no means uninteresting!
You can certainly keep your fingers crossed
I don't have any advice. Yes, maybe talk to the neighbor - sooner or later there will be a confrontation anyway, so it's certainly better to choose the timing and the "weapon" yourself

Neighbor's lawsuit against approved building permit

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