During the last 20 months our municipality has been involved in a bizarre zoning dispute. Briefly, new homeowners submitted a building sketch with permit application, Zoning Administrator visited site and approved permit. When home was 60% built complaining neighbors convinced zoning administrator that the home violated rear lot line setback. Zoning ad. issued cease and desist order based on his feelings that the house was 12 degrees different from plot sketch and now the previous rear lot line was side lot line/ & side was the rear.Since setbacks were different (50' for rear and 10" for side) the home now violated ordinance. Board of review upheld his decision and would not grant variance.
Judge that heard the case, felt they were forcing outdated ordinances which applied to 4 sided lots on this 5 sided property and ruled for the landowners. Landowners attempted to settle with the insurance company but were denied.
What are your feelings on the merits of the case as a "taking" of property under the 5th amendment to recover Legal and other damages to the homeowner? Any ideas or opinions would be appreciated.