Next Stop, Litigation?

The tangled web of the Double Hovel flip house split needs to be unraveled. Unfortunately, the whole process of our request for a variance resembles a 1970s public service announcement showing a spider's LSD-induced structure!

You may recall that Hick was told by the city building inspector that he may be able to split the property if he got a variance from the Planning and Zoning Commission. Hick went to city hall, and got the necessary paperwork. He followed the instructions on the packet of papers the gal there gave him, and handed out his letter accordingly. Went to the meeting, and the variance was denied. That was January 15.

The mayor of that city contacted Hick for a meeting right after the recent election. Same mayor, some different members on the Commission. He said he'd call Hick after he checked into some details. That call came Thursday night.

Mayor said that it appears Hick's meeting back then was with the Board of Adjustment! What in the Not-Heaven? This was news to Hick, who said no, it was the Planning and Zoning Commission. "You were there!" said Hick.

Mayor said he remembered, but that he was sitting in the "audience" section, and would have been sitting together with the Commission if the meeting had been with them. Hick said they never announced what body was meeting. They only called roll, and one of his buddies who says he's on the Planning and Zoning Commission was absent that night. Well. Hick asked the buddy on Friday at lunch, who said now that he thinks of it, he is indeed on the Board of Adjustment.

Are you getting caught up in this tangle yet?

Mayor told Hick that if it had been the Planning and Zoning Commission, the verdict could be overturned with a certain vote. But that since it was a decision by the Board of Adjustment, following proper procedures, that the only way would be through the courts.

Hick said that he did NOT think "proper procedures" were followed. Since Hick never got any paperwork, his letter was not given to the board, the building inspector was not contacted for info, and all Hick had at the end of the meeting was just a verbal rejection of his request. So how could he have anything to appeal, even if he knew he had that right? How do you appeal a verbal decision? And as for "proper procedures," how did Hick's new enemy DENIZEN get a look at the packet of info for the hearing, and Hick did not?

In going back through the set of five pages of the city codes that Hick was given by the gal at city hall, Hick found references to both the Planning and Zoning Commission, and the Board of Adjustment. Plus a paragraph about appealing a decision within 20 days. The form Hick had to submit with our $125 fee to request a variance had a place the bottom for "Action Taken by Board of Adjustment." Yet Hick never received even that form back with a decision. 

Hick discussed these items with Mayor. They are on friendly terms. After all, Mayor contacted Hick to try to help him. Mayor said that legal options tend to get expensive. Yes. But as Hick said, he's spending around $100 a month on water and electric, without being able to split the houses and sell them. So he might as well spend money on a lawyer. 

I told Hick that maybe Mayor is worried about the city's legal fees. Hick says they have a lawyer on retainer. I said surely they would have to pay their lawyer by the hour to represent them in court. He is, after all, the MAYOR, and has to look out for city interests. So maybe he was trying to discourage Hick from taking this action to overturn the decision. Not that there's anything wrong with that. Both parties have to look out for their best interests.

Anyhoo... Hick went by our lawyer's office Friday afternoon, and got an appointment to discuss the matter on Tuesday. Just to see if there's a chance the variance issue might be re-opened. As Hick said, he did everything instructed on the procedures handed out to him by the gal at city hall. Seems like there was some confusion about what was actually going on. Hick missed an appeal deadline. Then again, he wouldn't have needed it if he was talking to the group he THOUGHT he was talking to about the variance. 

Tangled web, I tell you! Both parties made some fumbles. Hick has no beef with the city. He just wants to pursue all options to divide this property.

It doesn't hurt to ask a lawyer if we have any recourse concerning the decision on the variance. The only hurt is the pocketbook, with about a month-and-a-half of utility payments spent to meet with the lawyer.