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Considering that the only resolution he was willing to accept prior to the judgment was the town's purchase of his home so that he could buy his motorhome, they don't seem to be out a whole lot more money than if they'd gone that route.
Other than the legal fees...which might run in excess of $75K+??
I'm thinking that Cary didn't give him his money because if they had, everyone would want a buyout whenever the town takes part of their property to widen a road.
That's the gist of it.
I am sure that is why they did not buy his house. However, what they did to his property was way worse than what typically happens in a road widening and I think a pretty good case could have been made as to why it is different. If you look at pictures from before and after, it is pretty damning against Cary. I have to say, I doubt they would let any individual homeowner cut all their trees down like that, not to mention the massive grade issues they stuck him with.
I am sure that is why they did not buy his house. However, what they did to his property was way worse than what typically happens in a road widening and I think a pretty good case could have been made as to why it is different. If you look at pictures from before and after, it is pretty damning against Cary. I have to say, I doubt they would let any individual homeowner cut all their trees down like that, not to mention the massive grade issues they stuck him with.
I agree. The best they could've done was not to do that to him to begin with.
I'm thinking that Cary didn't give him his money because if they had, everyone would want a buyout whenever the town takes part of their property to widen a road.
That's the gist of it.
People get buyouts on their houses all the time for road projects. Cary is trying to avoid it at *all* costs. Just another example of how the gov't operates like money is no object.
People get buyouts on their houses all the time for road projects. Cary is trying to avoid it at *all* costs. Just another example of how the gov't operates like money is no object.
It is extremely rare to get a complete buyout on a road widening. The DOT or municipality will hire appraiser to determine their opinion of the value taken, down to square footage lost and accounting for any hardscapes, trees, shrubs and other plantings that will be removed. Then they start negotiating from there.
Sometimes there are even improvement fees assessed back to the landowner for linear feet of sidewalk, curb or additional lane footage which will take some money back. (I have no idea if Cary does this though).
Like I said, while I understand their desire not to set a precedent, they went well beyond usual changes with this project due to the topography of the road and lot in question which took way more value than the simple SF and landscape that was removed, IMO.
People get buyouts on their houses all the time for road projects. Cary is trying to avoid it at *all* costs. Just another example of how the gov't operates like money is no object.
Actually I don't think he was greedy at all or he would have asked for compensation much greater than 1 dollar haha The fees are the lawyers fees which were caused by the town itself.
The town having to pay his legal fees is pretty common when you lose a case I think.
If you seriously consider him greedy when he only asked for 1 dollar in compensation i would hate to hear what you thought if he had actually asked for the cost of his house haha
1 dollar doesnt even go far enough to put much gas in that prowler does it?
Re-read the first line of my post.
"If the town doesn't appeal, its sign rules would remain largely intact."
So what was the point, tacky-plymouth-prowler-mid-life-crisis-in-a-car-as-quick-as-a-hyundai-sonata guy? The laws stayed the same. He didnt get any damages. And we all foot the legal bills.
Sounds like a big win here <sarcasm> at our expense <not sarcasm>.
Wow, I wish they spend that $225K money to fix the road outside my community. It was patched few times with black tar here and there, and it looks like the cross words puzzle on that road now. What a waste of tax payers' money. I thought Cary is canceling projects and staffs because of a tight budget. Who is paying this money ? Tax payer ? I want a refund of it.
WDJ's comment is so funny. LOL
The lawyers from both sides are the real winners in this case. Will Cary buy his house at his asking price? We'll see... It is not the end yet. I should have studied law when I was in college......
This is probably what happened. They've been widening Maynard Road on that particular strretch since last year. Most of the homes on that stretch now have a road lane where their front yard used to be.
Makes me glad that I am Waaaaay off the road, they've gotta cut down a lot of trees to make it to my yard, and......I'm on a dead end street.
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WakeMed
