- Letters Sent to Date:
- Fuquay Varina City Engineer:Tracy Stephenson
- Fuquay Varina PLanning Department:Mike Sorenson
- NCDENR" To Be Sent
- Env Lawyer
- Donna 9/30/13 Meeting:
- Attorney F. Bryan Brice Jr. from Raleigh
- would be willing to attend the Planning Board & Town Commissioner Meeting as our Legal Representation.
- Plan/Approach:
- seek a Preliminary Injunction and Temporary Restraining Order on behalf of the Neuse River Basin Regulations and if we were to lose that, he would then file a Temporary Injunction with Wake County Court and seek an Appeal to any Town Approvals.
- As for any claims of misrepresentation on behalf of Savvy Homes, he would take that as a contingency, pending any damages we receive. He would collect 33% of any monies received prior to Mediations, 40% at or 2 weeks after Mediation, 45% if we have to go to court.
- He would sue for the loss of value in our homes, which would require payment to an Appraiser to assess the value now and determine the loss of value based upon the new roadway. He would also sue for the loss of view, stream issues, noise from traffic, and safety liabilities.
- Cost:
- $15,000 retainer ($250 hourly rate) for researching all the WakeCounty Records, attend the Town meetings, and file any injunctions.
- Challenges:
- suing the Savvy Homes would be challenging because the Wake Country Records does have a complete survey of our street on file with the proposed roadway, which is a form of disclosure. But we could still argue that it wasn't fully disclosed and no provisions were made to secure our properties from exposure to the new roadway. He said if we could cite actual conversations with a Savvy Rep. saying they had no knowledge of the road would make the case stronger.
- Suggestions:
- contact the Builder, Bryan Properties and advise them we have issues with the new roadway proposal with regard to the NCDENR regulations for a Riparian Buffer with regards to the stream, as well as issues with any additional flooding the new road may cause to our properties and the safety issues without any buffer, such as a wall, fence, etc.
- Realestate Lawyer
- Donna 9/18/13
- Concerns over Prem Lot
- initial spend to start=1k/5 hrs
- Land Improvement Lawyer
- Keith 9/27/13
- contacting one via pers refernce
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