Legal Question in Construction Law in California

rebuilding legal non-conforming structure due to destruction

We recently had a loan approval overturned because our 4-plex can apparantly not be rebuilt as a 4-plex in the case of fire destroying over 50% of the structure. We can tear it down and rebuild as a fourplex, but the city says that destruction is subject to new density laws that allow only a 3-plex to be built in the case of fire damaging over 50%. This seems an infringement of our rights if victimized by fire. The structure was legally permitted and I have verified the interpretation of these codes with planning. Do we have any legal defense to guarantee rebuild as-is if destroyed?


Asked on 8/28/06, 9:24 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: rebuilding legal non-conforming structure due to destruction

You need an opinion which may require some real attorney time. It is not advisible to accept an opinion on this serious of a matter from the top of someone's head. Call me directly at 6192223504.

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Answered on 8/28/06, 9:33 pm
Terry A. Nelson Nelson & Lawless

Re: rebuilding legal non-conforming structure due to destruction

Guarantee? No. You have a potential lawsuit for a governmental 'taking' if that happens. Theoretically, you could sue now for declaratory relief in an attempt to obtain a court ruling on the 3 vs 4 issue. If you won that ruling, then a loan could be based upon that. Feel free to contact me if interested in pursuing your options.

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Answered on 8/29/06, 2:23 pm


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