City loses hot tub injunction was written by The Daily News on May 30, 2012 and discusses the hot tub permit and town restrictions/regulations that were ignored by a local Amesbury homeowner. Permits are required for a reason. It costs far too much for everyone and towns can’t afford to be wasting money on these issues.
Excerpt of “City Loses Hot Tub Injunction”
A Lawrence Superior Court judge has denied the city’s attempt to immediately force a Lake Attitash Road woman to drain and remove an outdoor hot tub that officials believe she installed illegally.
Earlier this month, city attorneys filed a motion against former municipal official Debra Dow for removal of the hot tub they claim she installed on her lake-front property in 2009 without first obtaining a building permit. The city is also alleging the hot tub was built within 5 feet of her property line in violation of the city’s zoning bylaws.
The city’s complaint asked the court to order Dow to drain the hot tub within 24 hours, disconnect it from its power source and then remove or relocate it.
The city is also seeking reimbursement for all legal fees and expenses and any monetary award deemed just and equitable.But in her decision, dated May 23, civil court Judge Kathe Tuttman declared the city failed to demonstrate the hot tub presented any identifiable public safety concerns or affected any specific public interest.
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