Neighbor Put Rocks and Landscaping on Half of Our Right-of-Way

[jk]

The City sees our point and they don't think it was right that the neighbor buried part of our driveway and fire turnaround but they just won't get involved.

that is where your problem lies. All they would have to do is tell the guy to clear the road.

while there is an action you file requesting a court to order a government entity to perform as they are required to (writ of mandamus) but the problem is; they have to actually be required to perform as requested. I just don't know of any justification where they would be required to either demand the neighbor clear the road or allow you to use any specific width of the ROW.

we have a couple surveyors that post here. They might have something I am missing. Hopefully they will catch this thread.

[helenanelson]

To JK: Thanks for your help. I think that someone at the city mentioned our situation to the city attorney and she told the city employees to back off. The director of public works actually approved our permit to widen the driveway but when we went to pick the permit up the next day he was no longer employed by the city (due to an unrelated issue). The permit ended up on the desk of the director of community development. He crossed out the signature on the permit and would not give us any reason as to why approval was withdrawn.

I think that our neighbors threatened to sue the city if our permit was approved. They are big on threatening lawsuits.

[jk]

I think that our neighbors threatened to sue the city if our permit was approved. They are big on threatening lawsuits.

I wish I could give you something you could use to threaten to sue them for as well but I don't have anything. Maybe if you had something, they would enforce THEIR rights in this issue and not kow tow to your neighbor.

the problem is: I see absolutely no reason the neighbor would prevail in a suit. Unless the city is simply not wanting the trouble or the expense, I do not see why they would not just tell him "fine, you can spend your taxes anyway you want. If you want to spend them on the city attorney as he defends the city, fine."