Need Lawyers advice

[gdmul7]

My husband and I live in Durham, NC and in 2002 got a permit in order to add on to the side of our existing house. Once we received it we dug the footing. Then they came and inspected it and signed off on it. The next step for us was to pour the footing which we were a little slow getting to due to money. ( Mainly because we were doing the work ourselves). Once the footing was poured, the inspectors came out and again signed off on the permit. Now, initially when we got the permit the zoning requirement said that we had to be 25 ft. from the street which we were. Now a few years later when we got the money to continue with our project we poured the foundation, added the two rooms on the side, and another larger one above it. The mistake we made was not updating our permit because once we added those rooms and put the roof on an inspector drove by and asked to see our permit. My husband showed it to him and he said that all we needed to do was to go down and get it updated. Two days later when we were ready to go get it renewed we received a stop work order because we didn't have an updated permit. We were also told by the same inspector that we had to take the side structure down because the zoning ordinance had been changed since we got our initial permit, and that we could not be more than 15ft. from the street. They then told us that we could try and apply for a variance at the tune of $750.00 but would not be assured of getting one. My husband went downtown and spoke with someone in charge and he said yes the zoning ordinance had been changed since we received our permit and that if we didn't apply for the variance we'd have to take everything down. A day after he spoke with that person everyone in the neighborhood (including us) received a letter stating that the town was going to get ready to pave the road (which is a dirt road) on the side where our new structure exists.
My husband and I put a lot of time and money into building those rooms to the side of our home and we know that we should have gotten our permit renewed, but is it lawful for them to change the zoning ordinances without notifiying us first? Do we have to take it down? We have seven children and can't afford to move or pay money for a variance only for them to tell us no we can't get it. Now we have the room we need, but we can't live in them. Please help!!!!!!!!!

Gail

[msgny]

If you had already laid the foundation you could object or even go to court. That part was approved and cannot be easily changed. Tell them you will ask a judge if they cannot compromise.

[gdmul7]

Thank you for your advice. The only problem we have is that, the footing was dug and poured, and both were signed off on the permit. We had no earthly idea that they could change their minds whenever they please. Please let me know if we have any recourse or other options available to us. The work is impeccable and we are in dire need of the room. Please help!

Gail

[msg]

Normally if they agreed you can sue if need be for the costs if they then change, or ask a court to prevent the change.

[gdmul7]

I just wanted to thank you for your advice where in a world it seems as though everyone's out to get a dollar. You are awesome!


Sincerely,

Gail

[able1]

Let us know what happens!

I am a electrical contractor. I have a contractor who I wired a house for with a orig. bid agrrement and extras. the job has been completed for about 2 years now. I have a outstandig ballance of 20,000.00+ . The contractor explaned to me at the closing of the job ther was a dispute between the owner and him over my amount and some other trades that had not been paid in full and he was fileing a lein on the proporty for around 30,000.00
to pay me and others. I recently found out he was paid this amount.Now he acts like he forgot about me. Can I file a lein on the proporty or is it to late after 2 years has gone by? The orig. home owner still lives there.

[quote=jeff;13985]I am a electrical contractor. I have a contractor who I wired a house for with a orig. bid agrrement and extras. The job has been completed for about 2 years now. I have a outstandig ballance of 20,000.00+ . The contractor explaned to me at the closing of the job ther was a dispute between the owner and him over my amount and some other trades that had not been paid in full and he was fileing a lein on the proporty for around 30,000.00
to pay me and others. I recently found out he was paid this amount.Now he acts like he forgot about me. Can I file a lein on the proporty or is it to late after 2 years has gone by? The orig. home owner still lives there.

It is too late in most states but you can certainly file suit.