Posted on 09/04/2014 8:31:16 PM PDT by rey
I am a caretaker/property manager for a rural estate. The owners are out of the country and have asked me to represent them at an appeal hearing concerning the development of a nearby property. They oppose this development. I am a free market property rights person and feel you should be able to do as you wish with your property. I feel this is a political, not a business issue. I feel it is wrong to have community meetings to decide what you may do with what is supposed to be yours. I also feel that these political decisions have already been made and that going to these hearings is a waste of time.
Am I under obligation to go and represent them and support something I do not support?
Why do they oppose the development?
Go and listen. Put up a good front. Make the developer earn it.
DUH. Look up fiduciary.
Otherwise, you need to pay them, since advice is what they sell.
Oh... the second best lawyer is the most expensive thing in the world.
/johnny
Do you like your job?
Yes you are... What part of representing them do you not understand?
Well, you don’t have to say YOU oppose it. You can say that you represent the owners of the property at 123 MyStreet and that they oppose the development for such-and-such reasons. I think as their employee you do have the obligation to present their views since they’re not able to do it themselves.
Just go, advise the board (of zoning appeals? Plan commission?) that you represent owners ____________, address, __________, that they oppose the requested re-zoning, variance, special use permit, home occupation (whatever), and you would be happy to forward on to the owners—your principals—whatever questions or concerns the board might have for them.
Your opinion is irrelevant. Take good notes and forward them on to the people who write you checks.
If it was a mosque would you so pious?
They are looking for you to represent their interests....not your own...
I don’t see conflict really.
You have a fiduciary duty to your employer to represent their position. If you can’t do that then tell them and offer your resignation.
You are the caretaker. You represent the owner. Who cares what you think. Your job is to represent them.
You need to ask your employers what they want you to do, specifically. If you cannot do what they want, then resign your job. If you feel unqualified to do what they want, but are willing to find someone who can do what they want, then get your employers to authorize you to employ an attorney to advise you.
As a postscript, on the other hand, call the office first to see if you have standing. Ordinarily you have to be licensed to practice law. If they say you’re good to go, have your employers e-mail an attachment with the reasons they have for opposing the development. If nothing else, you should be able to submit that.
But put yourself in their places: what would you expect your property manager to do if you were owner? Nothing, because it offends his sensibilities? Come down off your high horse.
They’re your employer for heaven’s sake! Do you want to keep your job?
“I am a caretaker/property manager for a rural estate. “
I would say two things.
Your job as described by your post is to manage their property. It is not to represent their personal interests. They should hire a lawyer or lobbyist to do that job. Your post says they asked you take on this added role. You should have pointed out that this is outside the scope of your duties and that you disagree with their position.
I manage a property for out of state clients. I would have no qualms with speaking out to a position that is opposite of their desires. (This is not likely to ever happen in my case.)
Second point, I am very active in my city and an advocate of building more housing. I have a mantra I repeat to the city council on a regular basis that we should be building all types of housing for all types of people in all parts of the city. I usually use this line when opposing NYMBYS who are trying to stop a project. This happens on a regular basis in my small city and our city council has far too much influence and power in the development that happens in the city.
Just last night they illogically killed a project that would reduce the size and scope of a project that the council originally approved back in 2004. They killed it because the beautiful people who live nearby came out in force to oppose it. The project failed by one vote including that of a councilor who voted for it 10 years ago.
Get a lawyer; don’t conduct a popularity contest!
Sure, because it’s your job. But it’s up to you to determine whether you do a really good job or just go thru the motions. If the outcome is a foregone conclusion, what’s the big deal?
........my trial lawyer and I don’t agree on ANYTHING politically. He is a liberal’s liberal! Strangely he enjoys hunting which I did many years ago but not anymore. That’s about as close to agreeing on issues of the day as we get.
But, in 20 years of fighting the liberal establishment regarding real estate development deals in Austin for me he always shows up. In a courtroom, and in about a half dozen civil jury trials, we’ve never lost.
So, my point? Think of yourself as your employer’s attorney and go over there and argue HIS case! You PERSONALLY can hold any view you want.
your boss should provid you with a written statement that you can read at the meeting. This is a common at public hearings.
The public officials should base their decision on the land use laws of your area and the zoning of the property not public opinion
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