City officials defend their position re real estate disputes

In one of the nation's oldest cities, commercial property owners are upset about certain administrative decisions they believe have given an unfair competitive advantage to the owners of a particular building. California business owners currently facing similar real estate disputes may want to follow this case. It involves a building that was erected in 1921, the owners of which have been granted more than 70 parking credits for their future business clients.

There is no off-street parking attached to the building in question. The city's acting planning director granted parking credits to those who purchased the building with plans to open a new business, although the exact type of business was not specified. Another commercial property owner in the area took legal action against the city, stating its planning director deviated from existing codes that require such decisions to be made with full public knowledge and input.  

An attorney acting on behalf of the city said existing planning codes allow for administrative decisions regarding nonconforming use when it comes to parking. The attorney also stressed that the city is arguing whether a building constructed long before current building codes existed should be made to comply with modern parking requirements. The situation has remained unresolved since 2011.  

It looks as though all parties involved will now head to trial. Such situations can be stressful and costly, especially if amicable solutions are not obtained in a timely manner. This is why most California business owners turn to experienced business and commercial law attorneys for support when facing real estate disputes of any kind.  

Source:, "Dispute over parking for historic Naples building headed to trial", Laura Layden, April 23, 2018

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