[RE-wrenches] Solar rights precedent

[James A. Hartley]

You might start with the Law of Ancient Lights in English common law as to the rightful access to sunlight and build your case up from that hoary tradition.  There are many instances of this law in practice and its definition.  Google knows most of these.  

 
  ----- Original Message ----- 
  From: William Miller 
  To: RE-wrenches 
  Sent: Thursday, February 25, 2010 12:27 PM
  Subject: [RE-wrenches] Solar rights precedent


  Friends:

  We are applying for a building permit in a small coastal community near here for a PV system.  The arrays will be on the flat roof of a house that is right up against the allowable building height.  The city is requiring that we apply for a waiver to exceed the allowed height.  As I read California law, it allows public agencies to rule on a permit application only in regards to public safety and health issues.  Repeated letters to the city attorney has failed to result in how a building height limitation is a mater of public health and safety.

  Have any of you successfully fought a building department on this issue?  If so, is there any written documentation on the issue that I can use?

  Thanks in advance,

  William Miller



  Please note new e-mail address and domain:

  William Miller 
  Miller Solar
  Voice :805-438-5600
  email: william at millersolar.com
  http://millersolar.com
  License No. C-10-773985




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