I filed a complaint against the City for processing a development variance that prevented my ability to appeal the variance. The Judge dismissed the complaint with prejudice in a ruling that I would have the opportunity to challenge the variance at the Public Hearing for the project when the project was being decided by the Hearing Examiner.
I appealed the Judge's decision. The City approved the project without ever holding a Public Hearing and the City dropped the variance and replaced it with a new "interpretation" of what they want the code to say.
I am preparing my appeal brief. I want to get the Judge's ruling overturned so I can expand my original complaint to challenge the legality of this new interpretation. Since the City removed the variance which was the basis for my original complaint, shouldn't I automatically prevail in the appellate court? Is anyone familiar with any case law where a respondent won in local court and the very item that was at stake was replaced with a different action before the appeal was perfected? I am trying to recover my attorney fees as well as revising my original complaint to challenge their new action.
I appealed the Judge's decision. The City approved the project without ever holding a Public Hearing and the City dropped the variance and replaced it with a new "interpretation" of what they want the code to say.
I am preparing my appeal brief. I want to get the Judge's ruling overturned so I can expand my original complaint to challenge the legality of this new interpretation. Since the City removed the variance which was the basis for my original complaint, shouldn't I automatically prevail in the appellate court? Is anyone familiar with any case law where a respondent won in local court and the very item that was at stake was replaced with a different action before the appeal was perfected? I am trying to recover my attorney fees as well as revising my original complaint to challenge their new action.
