HOA Suing Nearby Family Farm For 'Damaging The Value Of Their Property' Despite The Farm Being There First
HOA Suing Nearby Family Farm For 'Damaging The Value Of Their Property' Despite The Farm Being There First
The farmer's lawyer was 'amazed' at the HOA's audacity - "after he got done laughing," that is.
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If he's been doing it before, there are no damages. Like, if what he's doing causes values to be lower, they were lower beforehand. So to cease he's not making them whole or anything, he's simply enriching them. HOA = greedy chucklefucks with a combined IQ of 42 and no basis. Judge is probably gonna laugh too, can't have it both ways, buying cheap land that's cheap because it's next to a farm and then suing to try to raise values
Edit: and zoning, if it's zoned as such the HOA is gonna eat his fees and get told off
Zoning typically only takes effect with a change in use or redevelopment. So even if it's not zoned agricultural it doesn't matter because the farm will have existing noncomforming status. And if they're talking 5th-generation they probably have additional protections. For my city and land that hasn't changed configuration since 1970 is exempt from subdivision standards even in the case of redevelopment.
If they were there first I'd bet money it's appropriately zoned for such is what I'm meaning. HOA probably got some cheap agricultural land and begged to build, not the other way around, but I might be wrong
It depends. Lots of towns adopt a comp plan that seeks to change lots of the ag zones into SFR, industrial, or commercial over time. So they'll rezone the properties to have them change when they sell.
In my last city, we'd actually make development agreements with ag owners to annex into the city in return for getting access to water, sewer, and police. We'd agree to exempt them from city taxes so long as they didn't change land configuration or use, but once they did the new zoning would kick in and everything would have to come into code.