Re: putting a civil claims judgement on someone - Fraud?

Posted by Why Chat (209.240.198.61) on March 06, 2003 at 20:29:01:

In Reply to: Re: putting a civil claims judgement on someone - Fraud? posted by jeje on March 06, 2003 at 19:10:46:

"Jeje"is correct, to a point, if the lease specified it was for a specific use, and the owner or his manager KNEW it was not a permitted use, then it WOULD be fraud.

However, local zoning is very complex and the owner may not have known about the restriction.It would have been easier for the guy/gal to have applie for a variance than to cancel everything out and be so angry at someone who may have been COMPLETELY ignorant of a vagary in local zoning.

I have seen business' go through similar situations, an appliance store subletting to another appliance sales business getting completely messed up because his subletting store was selling USED appliances, not permitted in that zone.A beauty parlor leaves, and the owner rents to a nail studio, the nail studio has to get a variance because of NO ZONING for nail studios!!

This is a VERY common occurrance, and is usually taken care of by application for variance.

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