“He sided with neighbors who complained the property was out of character with the rest of the neighborhood”
I do not believe in local “by-laws”, or restrictions incumbent owners put in deeds restricting future owners, HOAs and similar junk “rules”. They are out of character with the whole idea of private property.
If the other million dollar home owners were unhappy, they could sell their homes. I am sure any buyers would not have had their objections about how far from the street this man’s house stood.
In ethical terms, I am only glad the judge also ruled the city was to blame and had to pay, but that is wrong too; because that means the taxpayers will pay.
The most fair ruling would have been to have judged in favor of the plaintiffs, but given a verdict of a $5.00 judgement against the defendant, to be paid for the defendant by the city.
As I think about it, the owner knew from the very start that his plans for the house violated the setback requirement. I would’ve left well enough alone and not have sought the waiver. But he did, and he got it. Only to realize years later the word of the Government is useless.
I’m not blaming the owner, but he did screw up. He trusted them.