[WSBARP] Review of ACC decision

[Bryce Dille]

I’d appreciate if someone on the list serve could forward me citations to any cases that involved the standard of review by the courts of ACC decisions as a relates to approval and disapproval of the construction of residences within a plat, which, of course, according to the covenants, can only be constructed with ACC approval. In my case there is no specific view restriction in the plat however, the CCR state that location of a residence and it’s impact on a view of adjacent residence. Can be taken into account by the ACC grading or denying approval as to the location of the residence. And my client situation the only place to practically put the residence is squarely in front of the adjoining residence, which blocks and ocean view, and to move the resident so that there can be  some would require my client install pilings and substantially increase the cost of construction. The evidence will be that the property owner of the adjacent home was advised that if they put their residence there as opposed to other places on their lot, there would be a view issue when my clients house was constructed, therefore the standard of review and the extent of review by the courts of this type of decision is necessary to determine before. I advise my clients to contest this position in court, or spend the money to move their house location Thank you.
Bryce H. Dille
Dille Law, PLLC
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**