Yup, we won.
And to be honest, it was pretty anticlimactic. We were prepared as though for trial, and there was some uncertainty where we knew MCCD was in possession of an engineering report from Atlantic Engineering, which they wouldn't acknowledge and hadn't provided to us. So our only choice was to go ahead and have an AIA inspect the property and appear live to testify. We had pictures of what MCCD had claimed were "structural" deficiencies, including the now-infamous "missing or deteriorated" foundational pier that was really an original cantilevered bay window that never had a pier to begin with.
So we show up, and saw the proposed findings and recommendations, and we were stunned. Despite all of MCCD's back-and-forth, repeatedly trying to stall the hearing, trying to redefine "unsafe" as not being eligible for a certificate of occupancy, etc., as it turned out the HPC's proposed findings and recommendations were perfectly reasonable. With the exception of a recommendation that we add vent holes in boarded windows to dissipate interior moisture, they were all things that we were going to do anyway. And the vent holes are actually a good idea, I'm glad they suggested it. The proposal followed the mothballing ordinance and was well thought out. There was nothing to argue over, we were happy with it as soon as we read it.
Code sent 3 guys to the hearing to sit in the back and stare at us, but when the time for MCCD to speak and argue their objections came, they all sat there and none of them spoke. Which threw me for a loop, as I expected them to at least give it a try, and was prepared for it. We all suspected that they'd re-read the file and probably went back out to the house, and realized it was just going to get embarassing for them. Their alleged structural deficiences were very demonstrably nothing more than make-believe, which we were actually looking forward to showing.
Once code decided they weren't going to object, there was no point in putting on the evidence, so we didn't. At that point, because this was the first-ever mothballed property, you run the risk of setting a precedential bar too high if you get into overkill. The HPC approved our unopposed application, and that was that. So it went well, and we are the first mothballed property under the new ordinance. And, at long last, it looks like MCCD is finally becoming aware that they have public relations risk. Of course that horse is already out of the barn and two states away at this point, but I suppose it's better late than never.
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