- 13 - moving in. An architect was hired and the plans were made and revamped; however, the major renovations were not begun or made before the June 21, 1990, deadline. Confronted with this situation, petitioners moved into the Fairway residence in late May 1990 and used the property in a manner and amount that would satisfy its use as a permanent residence under the statute and then began the more extensive renovations which created the inconvenience and/or forced limited use of the Fairway residence. In that regard, the residence’s master bedroom and bathroom were under construction. Additionally, a garage was being constructed adjacent to the residence. These renovations created conditions which, at very least, made the Fairway residence less than habitable. At the end of June 1990, after petitioners had used Fairway as their principal residence, they obtained the building permits and the extensive renovation was begun. It was after that time they utilized the townhouse to ameliorate the inconvenience caused by the extensive renovations. They argued that their use of Fairway was continuous in order to show that the renovations were begun before June 21, 1990, and that there was no change in the residence's condition or their usage.5 The 5 In connection with that argument, petitioners dated numerous checks (that were eventually used to pay for renovations) June 21, 1990 (the last day in the 2-year period), but did not negotiate them and/or the checks were not cashed by the payees until substantially after June 21, 1990. Most of the "June 21 checks" were cashed by the construction/payees during July and August 1990.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011