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Told their treehouse must go, owners appeal to Supreme Court
abcnews ^ | 1/6/2018 | Jessica Gresko

Posted on 01/06/2018 9:24:25 AM PST by plain talk

Lynn Tran and Richard Hazen built a Florida beachfront treehouse that would be the envy of any child. It's got two levels, hammocks and windows looking out on the Gulf of Mexico.

But the hangout has cost the couple a handsome sum: about $30,000 to construct and probably five times that in legal fees as they've fought local authorities over it, Tran said. Now, they're at their last stop, the Supreme Court. Unless the high court intervenes, the treehouse must be torn down.

Soon, however, the city got an anonymous complaint about the treehouse. After an investigation, the city found the couple did actually need to go through the permitting process. And it turns out the treehouse was in an area where building is prohibited because of a city setback.

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Extended News; News/Current Events
KEYWORDS: florida; treehouse; zoning; zoningboard
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To: JPJones

Planned Treehousehood.


21 posted on 01/06/2018 9:59:03 AM PST by LiveFreeOrDie2001 ( Thank GOD Hillary didn't get elected!)
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And it turns out the treehouse was in an area where building
is prohibited because of a city setback.

Apparently the City screwed up but that doesn’t negate the
removal once the screw up was discovered. Now the couple
should have been offered compensation for their investment
because of the city error.

But to fight onward beyond compensation is a loss, imo.


22 posted on 01/06/2018 10:00:54 AM PST by deport
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To: plain talk

Typical Bi\g Brother overreach.

Next they will condemn the property, seize it and then the mayor can move in.


23 posted on 01/06/2018 10:00:55 AM PST by spel_grammer_an_punct_polise (Note to all foreigners: Please.....GET OUT and STAY OUT!)
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To: JPJones

They should have gotten the fact that they did not need a permit in writing. If they had. they would have already won the case.


24 posted on 01/06/2018 10:02:07 AM PST by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: JPJones

“Huh. I guess that doesn’t count.”

My guess. They asked the city if they needed a permit for a tree house, but neglected to mention just how big a tree house they planned to build. Want to build a 10x10 treehouse fort? That may be no problem. Want to build a $30,000, multi-level home in a tree? THAT’S a problem!


25 posted on 01/06/2018 10:02:31 AM PST by Mr Rogers (Professing themselves to be wise, they became fools)
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To: generally

> They should be paid for their time as well. I know there is probably no legal basis for it, but that would be the right thing to do. <

I agree with that completely. And that concept should be applied to civil cases across the board. Let’s say I bump into your car and cause $500 worth of damage. But I stubbornly refuse to pay.

So you take me to court, and win. You should get that $500, plus money for your time taking me to court. Plus money for your time getting your car repaired. Even being paid just minimum wage for that time wold be acceptable.

Woo doggies! Once I get on the Supreme Court, things are gonna change!


26 posted on 01/06/2018 10:04:40 AM PST by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: plain talk
Another view...

Nice place they have...Angelinos Sea Lodge

27 posted on 01/06/2018 10:05:56 AM PST by kanawa (Trump Loves a Great Deal)
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To: Gay State Conservative

I can call my town and ask three different people the same question and get three different answers.

It is just how it is, local government makes it up as they go along. They don’t need to follow their own laws, but they expect you to know a 3,000 page zoning/code book.

All zoning is theft, theft of our property so it can fit some sort of communist master plan.


28 posted on 01/06/2018 10:07:20 AM PST by Trump.Deplorable
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To: JPJones

Whenever you ask a question like that of a cog in the government gears you need to get a faxed, written or emailed reply in writing with the persons name. You then have an avenue of recourse to at least recover your costs.


29 posted on 01/06/2018 10:08:21 AM PST by Axenolith (Government blows, and that which governs least, blows least...)
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To: Gay State Conservative

If all it takes is verbal “evidence” to stop a man from becoming senator, it should be good enough against zoning NAZIs


30 posted on 01/06/2018 10:08:47 AM PST by Trump.Deplorable
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To: Pontiac

Everything your neighbor does affects your property and its value. The very fact that you HAVE a neighbor has that effect. How does your right to enjoy your property deprive him of his right to enjoy his? After all, he could make the same complaint about you.


31 posted on 01/06/2018 10:09:06 AM PST by IronJack (A)
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To: Gay State Conservative

“If it’s not in writing it doesn’t exist”.


32 posted on 01/06/2018 10:09:18 AM PST by Axenolith (Government blows, and that which governs least, blows least...)
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To: plain talk
They asked, the city said no permit needed.

The city needs to learn to live with it.

And get their ducks in a row because obviously their rules are so complex they have no idea what is or is not permitted.

33 posted on 01/06/2018 10:09:34 AM PST by Harmless Teddy Bear (Not a Romantic, not a hero worshiper and stop trying to tug my heartstrings. It tickles! (pink bow))
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To: Pontiac

My neighbor can do what he likes with his property and I don’t care, until it impacts my property or its value.

The Supreme Court ruled long ago that you do not own the view. I.e disturbing your view cannot impact you property value and govt cannot remove/prohibit an obstruction to maintain your view.


34 posted on 01/06/2018 10:12:13 AM PST by Steven Scharf
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To: Mr Rogers

And an engineering study, don’t forget :-)


35 posted on 01/06/2018 10:12:20 AM PST by Axenolith (Government blows, and that which governs least, blows least...)
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To: deport

“Apparently the City screwed up but that doesn’t negate the
removal once the screw up was discovered.”

Apparently Lois Lerner screwed up, but that doesn’t negate the denial to conservative groups 501c status....


36 posted on 01/06/2018 10:12:45 AM PST by JPJones (More tariffs, less income tax.)
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To: billyboy15
Seriously? uh-oh...


37 posted on 01/06/2018 10:12:46 AM PST by Hatteras
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To: billyboy15
"However if it violates zoning and cannot be brought into compliance as in this case then it must go."

No. There "are" waivers for zoning irregularities. This is just a case of an over-reaching bureaucracy at work.

38 posted on 01/06/2018 10:12:53 AM PST by Wonder Warthog (The Hog of Steel and NRA Life Member)
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To: kanawa

the structure has columns from the ground, elevation 0, supporting more than half the load the load.

Since there are columns, it is not technically a tree house. The structure is designed to dodge regulations but failed.


39 posted on 01/06/2018 10:14:08 AM PST by Thibodeaux (2018 is looking good)
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To: Pontiac
My neighbor can do what he likes with his property and I don’t care, until it impacts my property or its value.

Which is how we beat Big Blow and kept them from building 100 500 foot tall spinning, blinking, flickering monuments to Gaia near me.

Convinced the Board of Zoning Appeals to force the developers into a "Property Value Guarantee" for non-leaseholders. Despite their claims of no impact on neighbors property value, Big Blow ran away fast when facing that prospect.

But we only won that by a 3-2 vote by the Board. No one else at the county, state or Federal level would help us,

40 posted on 01/06/2018 10:15:48 AM PST by digger48
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