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garage addition, neighbor suing

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desertstones

Guest
What is the name of your state? Nevada
Our neighbor is suing us for our garage being a 'nuisance'. They are saying that any reason we could have for building it, doesn't outweigh the stress it will cause on them having to look at it every day. It is structurally designed to match our existing house. They are also claiming loss of view, but there was no 'view' clause in anyone's contract in our development.

We are part of a home owners association, so there are rules and regulations we need to abide by. In order to build our garage, the first step was to send out a neighborhood awareness statement to our neighbors. They could sign that they approved or objected the building. We got everyone’s signature, except for one neighbor. They refused to sign either spot. My husband went back to their house when they asked him to come back, however, no one answered the door. So my husband submitted the drawings to the Homeowner’s association and architectural review committee, stating that one neighbor would not sign. They said that is not a problem, because the CC&R’s clearly state that a majority is all that is required. We had the majority. The review committee approved our structure and allowed the building to start. Those neighbors decide to take us to court. They didn’t even once have the courtesy to tell us they didn’t want us building this garage. Now that we have $20,000 invested in this garage, they decide to take us to court. They didn’t even go through the association and object to them.

We have a lawyer retained, but it won't be long before the money runs out. Do they really have grounds to sue? Are there any cases I could reference to get this thrown out of court? I don't want to solely depend on our lawyer. I want to try to do as much research on similar cases as I can, but I don't know where to start. Findlaw.com didn't get me very far. I feel they have sued unfairly, and this suit is very troublesome to my husband and myself. Any direction, or opinions would greatly be appreciated. Thanks!
 


HomeGuru

Senior Member
desertstones said:
What is the name of your state? Nevada
Our neighbor is suing us for our garage being a 'nuisance'. They are saying that any reason we could have for building it, doesn't outweigh the stress it will cause on them having to look at it every day. It is structurally designed to match our existing house. They are also claiming loss of view, but there was no 'view' clause in anyone's contract in our development.

We are part of a home owners association, so there are rules and regulations we need to abide by. In order to build our garage, the first step was to send out a neighborhood awareness statement to our neighbors. They could sign that they approved or objected the building. We got everyone’s signature, except for one neighbor. They refused to sign either spot. My husband went back to their house when they asked him to come back, however, no one answered the door. So my husband submitted the drawings to the Homeowner’s association and architectural review committee, stating that one neighbor would not sign. They said that is not a problem, because the CC&R’s clearly state that a majority is all that is required. We had the majority. The review committee approved our structure and allowed the building to start. Those neighbors decide to take us to court. They didn’t even once have the courtesy to tell us they didn’t want us building this garage. Now that we have $20,000 invested in this garage, they decide to take us to court. They didn’t even go through the association and object to them.

We have a lawyer retained, but it won't be long before the money runs out. Do they really have grounds to sue? Are there any cases I could reference to get this thrown out of court? I don't want to solely depend on our lawyer. I want to try to do as much research on similar cases as I can, but I don't know where to start. Findlaw.com didn't get me very far. I feel they have sued unfairly, and this suit is very troublesome to my husband and myself. Any direction, or opinions would greatly be appreciated. Thanks!
**A: if you followed the CC&R's and obtained HOA approval and a building permit, then you should prevail.
 
D

desertstones

Guest
garage addition

Well our lawyers stated the nevada law and outlined the section defining that this case does not belong in the court system, and she ruled against us. We were there for an injunction hearing whether or not to stop the building of the garage, and instead the lawyer on the other side recommended the structure to be tore down and she went with that, end of discussion. Is there no laws to protect people who follow the rules, get the appropriate approvals? We feel that we have been treated unfairly and don't understand how they are getting away with it. We are also suspicious that the judge knows our neighbors as somehow our neighbors were able to park in the assigned parking garage for the judges and were parked next to the judge's car. Since nothing in court made sense, that is the only thing that makes any sense.
 

HomeGuru

Senior Member
Re: garage addition

desertstones said:
Well our lawyers stated the nevada law and outlined the section defining that this case does not belong in the court system, and she ruled against us.
**A: who is "she"; your attorney or the judge?
*********


We were there for an injunction hearing whether or not to stop the building of the garage, and instead the lawyer on the other side recommended the structure to be tore down and she went with that, end of discussion.

**A: ok.
****

Is there no laws to protect people who follow the rules, get the appropriate approvals?

**A: not if you have a dingbat attorney or judge that sides with the opposition.
********

We feel that we have been treated unfairly and don't understand how they are getting away with it. We are also suspicious that the judge knows our neighbors as somehow our neighbors were able to park in the assigned parking garage for the judges and were parked next to the judge's car. Since nothing in court made sense, that is the only thing that makes any sense.
**A: ask your attorney "WHY?"
 

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