Goal:
Overturn the Cease and Desist Order in order that our clients, project could be completed as designed. But the law requires that the courts generally defer to the expertise of administrative remedies. We needed to convince the Court that there was a basis to reverse the agency.
Success:
By emphasizing that the HOA approved the project without requiring the details that the neighbor later deemed objectionable, we argued that it was improper for the HOA and agency to reverse previously granted approval on the basis of details that were not material to the original grant of approval. The Court found in our clients, favor and reversed the decisions of the HOA and agency.
DISCLAIMER: THE CASES AND RESULTS DESCRIBED HEREIN ARE REPRESENTATIVE OF PAST RESULTS OBTAINED BY MILLER, MILLER & CANBY, AND ITS ATTORNEYS. PAST CASE RESULTS DO NOT GUARANTEE FUTURE RESULTS. ALL CASES ARE DISTINCT AND HAVE UNIQUE FACTS, CIRCUMSTANCES AND LEGAL QUESTIONS THAT MUST BE CONSIDERED AND EVALUATED ON THEIR OWN MERIT.
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