An online journal documenting the planning and building process of our modern home from start to finish. It is intended to share our experiences throughout this project with all those interested in modern design.

official denial

Today, the BOA finalized their official denial letter. During the December 18th appeal hearing, the BOA was advised they could consult with an attorney prior to making their decision, but they elected not to do so and made their decision right then, during the meeting. It is interesting that many of the reasons cited in the denial were not brought up in the appeal hearing. I was wondering how an attorney hired after the fact could come up with valid reasons for denial if they weren’t brought up at the meeting.

In accordance with the Village Ordinance, the decision was to be filed immediately. The BOA elected to hold off on the official denial until they got it done with the attorney. The Ordinance states we would have 30 days from the decision to file an appeal with a Court of Record, if we believed the decision was not in order, but the Clerk said we would have 30 days from the date of the official denial to move forward with an appeal to a Court of Record. I’m sure that we would win, if a judge heard the case, and are gathering information to take the next step.

No comments: