The zoning officer (in Scranton, PA) issued a baseless notice of violation against a rental property.
I appealed to the Zoning Hearing Board. They decided against me, and upheld the violation.
I, then, appealed to the Court of Common Pleas, and the judge decided in my favor. Not only that, but the judge criticized the zoning officer and the zoning hearing board for ignoring clear decisions by the Pennsylvania Supreme Court which supported my position that I was never in violation and that the notice of violation should have never been written.
Now, can I sue the zoning officer, the city, and the zoning hearing board, for my damages? or, do they enjoy some kind of immunity?
2007-11-23 06:58:30 · 7 answers · asked by brandlet 2 in Politics & Government ➔ Law & Ethics
My damages are the inability to rent out the apartment while under a notice of violation. Expenses are various fees I had to pay.
The city's negligence is that they should have considered the Supreme Court Decisions which i brought to their attention, yet they ignored it.
2007-11-23 07:04:58 · update #1
For a lawsuit to be sucessful, you need to prove damages, and negligence.
If the judge ruled in your favor, what exactly are the damages?
Can you prove negligence on the zoning officer and board?
If you can answser both of those quesitons, the next step would be for you to bring all the facts of the case to an attorney for an opinion.
2007-11-23 07:00:35 · answer #1 · answered by trooper3316 7 · 1⤊ 0⤋
You have a case and the judge ruled in your favor so that is the best part. Go ahead and file the lawsuit for emotional distress and and what ever your allowed to sue for. Get a transcript of your court case to help support your claim.
2007-11-23 16:55:39 · answer #2 · answered by ? 4 · 0⤊ 0⤋
They are most likely immune. You need to consult with an attorney in your jurisdiction about this. You may have other problems as well, such as a Statute of Limitations.
2007-11-23 15:02:26 · answer #3 · answered by cyanne2ak 7 · 0⤊ 0⤋
What was damaged, your feelings? Your good name? Unless the damage was to a tangible item, you have no case.
2007-11-23 15:04:52 · answer #4 · answered by LEO53 6 · 0⤊ 0⤋
stop the madness, don't sue anyone, you got what you wanted. you won.that zoning officer probably hasn't a pot to pee in. what would you win if you sued him?
2007-11-23 15:07:50 · answer #5 · answered by katie d 6 · 0⤊ 0⤋
That is a question for an attorney in that state.
2007-11-23 15:02:23 · answer #6 · answered by Linda S 6 · 0⤊ 0⤋
What damages? Didn't you win your case?
2007-11-23 15:02:19 · answer #7 · answered by yngprofmn 2 · 0⤊ 0⤋