The Town adopted the traditional 1980 common law of vested property rights, based on when a building permit is issued. Essentially vested property rights protects the landowner. If changes are made, it does not effect them. A Court of Law will need to determine the point in time when the Vested Property Rights can be applied. Which ever side wins, they can request the payment of court cost as part of the settlement.
Town homes sell the land under, while condos sell the airspace above.
As town homes, the set backs could not be established until the actual building pads were poured. Planning commission has no roll in grandfathering for town homes. The applicant is banking on availability of water. For example, if the project is only one-half completed and available taps run out, then the project stops. Trustee Miner asked what the plans were for phasing the project.