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Claimant: LUX Group
Defendant: Ministry of Development (MOD)
I. Introduction
Count 1 – Frivolous Enforcement
The Claimant respectfully requests that this Court:
· Declare MOD’s threatened enforcement action unlawful and void.
· Enjoin MOD from imposing fines exceeding £50 per day for build height violations.
· Order MOD to reimburse the Claimant’s legal expenses in the amount of £1500, representing the fees incurred in retaining legal services (SrICEKING) to contest MOD’s frivolous and excessive enforcement.
Award the Claimant £500 in compensatory damages for the emotional distress, mental anguish, and disruption of peace of mind caused by MOD’s unlawful threats and extravagenting of fines.
· Award any further relief this Court deems just and proper, including costs associated with defending against MOD’s extravagenting of fines beyond the regulatory limit.
VI. Conclusion
MOD’s actions represent both frivolous enforcement and enforcement exceeding regulation. The Claimant seeks judicial intervention to restrain MOD from continuing such unlawful practices.
Reference
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Defendant: Ministry of Development (MOD)
I. Introduction
- This action arises from the Ministry of Development’s (MOD) unlawful and frivolous enforcement of zoning regulations against the Claimant’s property located at c-11-victoria-st.
- MOD has issued a warning alleging that the property exceeds the build height limit by seven blocks.
- MOD has further threatened fines of £150 per day, despite its own regulations limiting such fines to £50 per day for build height violations.
- This Court has jurisdiction pursuant to the relevant Acts of Parliament governing zoning enforcement and administrative review.
- , MOD issued a warning to the Claimant regarding alleged violations of the build height limit.
- MOD claimed the property exceeded the permitted height by seven blocks.
- MOD threatened to impose fines of £150 per day of non-compliance.
- The applicable regulations, MOD Zoning Regulations of August 28, Section 2, expressly state:
- Violations of the Build Height Limit shall subject the plot owner to a £50 fine per day, provided that notice has been issued and a grace period of 14 days has expired.
- No provision authorizes MOD to impose fines exceeding £50 per day for build height violations.
- MOD’s announcements of October 31 did not suspend or amend Section 2 of the August 28 regulations.
Count 1 – Frivolous Enforcement
- MOD’s enforcement action is frivolous in nature, as it seeks to impose penalties beyond those authorized by its own regulations.
- Such conduct constitutes an abuse of administrative discretion and undermines the principles of fair enforcement.
- MOD’s threatened fines of £100 per day exceed the statutory and regulatory limits of £50 per day for build height violations.
- MOD is empowered to issue fines not exceeding £200 per day in general, but Section 2 specifically caps build height violations at £50 per day.
- By threatening fines in excess of this cap, MOD has acted ultra vires (beyond its legal authority).
The Claimant respectfully requests that this Court:
· Declare MOD’s threatened enforcement action unlawful and void.
· Enjoin MOD from imposing fines exceeding £50 per day for build height violations.
· Order MOD to reimburse the Claimant’s legal expenses in the amount of £1500, representing the fees incurred in retaining legal services (SrICEKING) to contest MOD’s frivolous and excessive enforcement.
Award the Claimant £500 in compensatory damages for the emotional distress, mental anguish, and disruption of peace of mind caused by MOD’s unlawful threats and extravagenting of fines.
· Award any further relief this Court deems just and proper, including costs associated with defending against MOD’s extravagenting of fines beyond the regulatory limit.
VI. Conclusion
MOD’s actions represent both frivolous enforcement and enforcement exceeding regulation. The Claimant seeks judicial intervention to restrain MOD from continuing such unlawful practices.
Reference
Picture A
