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Jim Flanigan <br /> October 11, 2012 <br /> Page 2 <br /> court in the Goode case went on to cite a case with approval where a relocation order of a <br /> home was revoked after it was shown that an equity, it would be unfair to the owner as he <br /> had received appropriate building permits, spent over$100,000, and acted in good faith <br /> throughout the transaction. There are numerous other cases cited throughout the United <br /> States, along this same line. <br /> Therefore, it would appear that since the encroachment on the neighbors is not being <br /> objected by the neighbors, and, in-fact, it is my understanding they are willing to grant an <br /> easement, for the life of the garage, to bring it into compliance with the setback, a court <br /> could easily deny the injunctive relief the county would be requesting based upon an <br /> equitable argument by the property owner. <br /> It would appear therefore that if you decide to work with the property owner, this would <br /> be something that would avoid the county the necessity of the expense of a lawsuit and/or <br /> potential appeals in a situation where the harm incurred may be out-weighed by the <br /> equity of the owner. <br /> Please let me know if you need anything further. <br /> CORPORATION COUNSEL <br /> DAVID L GRINDELL <br /> DLG/st <br />