A lawsuit Jay Schwartz filed on behalf of his client, a homeowner in Commerce Township, was recently featured in Westend newsmagazine.
The dispute concerns the building of a swimming pool on the client's property. The homeowner created a site plan and received a building permit for the pool from a Commerce Township building official. The homeowner began construction of the pool, including pouring concrete and installing plumbing.
Midway through construction, the zoning board of appeals (ZBA) informed the property owner that his building permit had been denied. When he told the board that he had already received a permit, the ZBA said it was issued "in error."
Jay Schwartz has filed two lawsuits on behalf of the owner, seeking more than $25,000 in damages and reversal of the ZBA's decision.
"It is a situation where the homeowner did everything correctly, in accordance with the township's directions," said Jay Schwartz. "Any mistakes are on the township's end and it is absurd to expect the homeowner to absorb the exorbitant financial cost to move an inground pool to a different part of the property."