Legal Suits and Business - Essay Example

A large warehouse, built in a residential/light industrial city zone in Anytown, USA, is proposed to be divided into studios and rented out. My project is delayed mainly because of issues related to two suits filed against me.

1. The main issue is under neighborhood covenant by the neighborhood association
2. Second one is under the ‘violation of municipal zone ordinance’ by the city.
Looking from the business point of view, I think that my proposed use of the warehouse is a sound idea as the activities that are intended to start are for the benefit of the public. An artist sculptor would be an individual who would be quietly pursuing his artistic interests whereas the commercial welder would be providing services to the neighborhood, saving them time and effort. The topless dance club would again be a service provider in the area of entertainment. The other three activities of the tenants would be like services for the sick and the needy which again constitute a very vital part of the social setup.

From the legal angle, the suits filed against me, seem to stand on flimsy ground. Since the warehouse is built in a residential/ light industrial zone, it has the advantages of residential as well as light industrial covenants.

Neighborhood covenant states that only single-family residences are allowed. No outside storage or activity is allowed. No treatment homes or treatment activities are allowed. Citing the case of Hill v. Community of Damien of MolokaiN, M.,1996, No. 21715 (internet) where the case under neighborhood covenant citing the clause of single family residence was filed against the community running a group home for AIDS patients. The case was awarded in favor of the community as it was held they did not violate either the restrictive covenant or the Fair Housing Act. Hence, a running treatment center for AIDS patients and anonymous alcoholics in different studios of the warehouse is legal.
Case of High Ridge Hinkle joint Venture v. City of Albuquerque, N.M, 1998, No. 24,297(internet) held that nonstorage activities outdoors were allowed under zoning ordinance permitting ‘outside storage or activity’.

It, therefore, follows that the County healthcare facility run from the small units constructed outside the main warehouse is also legal.
The City zone ordinance states ‘…within an area zoned light industrial, the purpose is to create a wholesome environment for the developing areas adjacent to residential areas for the conduct of selective enterprises which do not create a hazard or are not offensive due to appearance or the emission of noxious odors, smoke or noise. Permitted users are manufacturing, fabrication, offices, service facilities, and similar uses which create benefits to local commerce and the development of additional employment. This, therefore, by default makes commercial welding units and dance clubs legitimate and which can operate as legal commercial ventures within the city zones.
We can therefore conclude that the suits filed by the neighborhood association and the City are null and void. Read More