Help me block my neighbor's panopticon.
October 26, 2007 10:00 PM Subscribe
New to dealing with district court of appeals...
Recently, we failed in blocking a neighbor's variance request to build something that will adversely affect our property. Now must file appeal with district court. I feel like this is something we should be able to do on our own, but I can't find any helpful guides around, and I can't really afford to seek legal advice. I only have 30 days - any advice?
Recently, we failed in blocking a neighbor's variance request to build something that will adversely affect our property. Now must file appeal with district court. I feel like this is something we should be able to do on our own, but I can't find any helpful guides around, and I can't really afford to seek legal advice. I only have 30 days - any advice?
Best answer: Durrrrrr. Who's you friend who's a professional planner? You call me. Shoulda called me before the initial approval, but we'll see what we can do.
posted by sisquoc15 at 10:56 PM on October 26, 2007
posted by sisquoc15 at 10:56 PM on October 26, 2007
Best answer: Hire a lawyer, it will not be as expensive as you think and when you get to this stage knowing all the arcane rules matters.
posted by caddis at 10:57 PM on October 26, 2007
posted by caddis at 10:57 PM on October 26, 2007
You live near a law school with a land use clinic. Contact the professor to see if your predicament is a good project for the clinic or whether you can get a referral.
posted by Saucy Intruder at 6:15 AM on October 27, 2007
posted by Saucy Intruder at 6:15 AM on October 27, 2007
Saucy Intruder has the best answer thus far, but you can speak to the clerk of the court. If they have a self-help guide (and most courts do), they will direct you to it. If you are talking about the 9th Circuit Court of Appeals, there's is here [pdf].
posted by crush-onastick at 6:31 AM on October 27, 2007
posted by crush-onastick at 6:31 AM on October 27, 2007
I can't really afford to seek legal advice
I urge you to reconsider whether you can afford legal advice. You've already lost the first round of the legal battle, which suggests that (a) either the facts and law are against you, or (b) you are representing yourself incompetently. Neither of which bodes well for a successful appeal.
The thought that you can file a successful appeal without legal training is kind of like saying, "I need my appendix removed, but can't afford a doctor. Are there any good do-it-yourself guides out there?"
No, there aren't.
posted by jayder at 9:05 AM on October 27, 2007
I urge you to reconsider whether you can afford legal advice. You've already lost the first round of the legal battle, which suggests that (a) either the facts and law are against you, or (b) you are representing yourself incompetently. Neither of which bodes well for a successful appeal.
The thought that you can file a successful appeal without legal training is kind of like saying, "I need my appendix removed, but can't afford a doctor. Are there any good do-it-yourself guides out there?"
No, there aren't.
posted by jayder at 9:05 AM on October 27, 2007
Lawyer up. You're going to court.
Oh, and that neighbor? They're already going to think
less of you. You go to district court, they're going to
hate you, forever. You probably haven't really thought
about what that means yet.
I'll provide a clue. Any time you need any forbearance
from a neighbor, like for a loud party, or a parking
inconvenience, or even an occasionally anaerobic compost
heap in the back yard, they're going to be on your butt
for it. If your dog is barking, they're going to dial it in.
You're going to get no slack from them, ever again. And
you're going to live next door to them, until somebody
moves out.
Think about what that means.
posted by the Real Dan at 12:19 PM on October 27, 2007
Oh, and that neighbor? They're already going to think
less of you. You go to district court, they're going to
hate you, forever. You probably haven't really thought
about what that means yet.
I'll provide a clue. Any time you need any forbearance
from a neighbor, like for a loud party, or a parking
inconvenience, or even an occasionally anaerobic compost
heap in the back yard, they're going to be on your butt
for it. If your dog is barking, they're going to dial it in.
You're going to get no slack from them, ever again. And
you're going to live next door to them, until somebody
moves out.
Think about what that means.
posted by the Real Dan at 12:19 PM on October 27, 2007
Response by poster: Thanks for the input all - we are getting ourselves a lawyer, and as for neighbor relations, we've done all we can to try and be as accommodating as we can. But seriously. This future building will blot out the sun. I'd rather have an occasionally crabby neighbor (who I think will be absent much of the time...), than live minus my view and privacy.
posted by ikahime at 7:36 PM on October 30, 2007
posted by ikahime at 7:36 PM on October 30, 2007
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posted by lassie at 10:23 PM on October 26, 2007