BeagleLegal
New Member
I will probably come off sounding like a "scrooge", but this is a serious matter for myself and neighbors, and I suspect more homeowners than just us are in this situation.
Last year I purchased a very expensive home ($1.7m) in an exclusive upscale neighborhood that was marketed as a "rural vineyard" atmosphere and purposefully distanced from downtown, schools and parks. The homeowners within our small community share a common vision of a serene and quiet lifestyle. Until now.
The final house that was sold in the community was to two individuals who have now requested for a conditional use permit for a large family daycare (7 to 14 children) to be situated within their home, and directly across the street from mine. The daycare will bring increased noise, traffic congestion, and parking issues. The concept of the daycare is not compatible with the type of neighborhood, we are not adjacent to any playgrounds or facilities, and it is universally opposed by all neighbors outside of those requesting the permit.
I would not have purchased my home had this day care center been in existence prior to my purchase, nor would any of my neighbors. My ability to resell my home has now been dramatically compromised both in price and potential buyer pool, and I estimate the property value for my home has been materially injured by a substantial amount (a minimum of $100k to $200k direct hit, maybe more).
I worked very hard for many, many years to save sufficient funds to purchase this quality of house, and I am extremely unhappy with losing thousands of dollars in both equity and potential sales due to this permit being granted. While I understand my chances of preventing the daycare permit from being approved is virtually non-existent (due to CA state rules), is it possible for me to litigate against the City Council and/or the daycare homeowner if I can show material damages to my property value that can be directly attributed to the establishing of the daycare business?
Last year I purchased a very expensive home ($1.7m) in an exclusive upscale neighborhood that was marketed as a "rural vineyard" atmosphere and purposefully distanced from downtown, schools and parks. The homeowners within our small community share a common vision of a serene and quiet lifestyle. Until now.
The final house that was sold in the community was to two individuals who have now requested for a conditional use permit for a large family daycare (7 to 14 children) to be situated within their home, and directly across the street from mine. The daycare will bring increased noise, traffic congestion, and parking issues. The concept of the daycare is not compatible with the type of neighborhood, we are not adjacent to any playgrounds or facilities, and it is universally opposed by all neighbors outside of those requesting the permit.
I would not have purchased my home had this day care center been in existence prior to my purchase, nor would any of my neighbors. My ability to resell my home has now been dramatically compromised both in price and potential buyer pool, and I estimate the property value for my home has been materially injured by a substantial amount (a minimum of $100k to $200k direct hit, maybe more).
I worked very hard for many, many years to save sufficient funds to purchase this quality of house, and I am extremely unhappy with losing thousands of dollars in both equity and potential sales due to this permit being granted. While I understand my chances of preventing the daycare permit from being approved is virtually non-existent (due to CA state rules), is it possible for me to litigate against the City Council and/or the daycare homeowner if I can show material damages to my property value that can be directly attributed to the establishing of the daycare business?
