Am I entitled to review of the Engineering plans for a retaining wall that will be providing lateral support to my property?
My neighbors downhill started an excavation project without informing uphill neighbors last summer. Once I discovered the extent of their damage to the lateral support of my property after being away for a week I called the city and had the construction stopped. The city informed me that they did not have an engineering design, that their contractor was not licensed nor insured, and that they had violated several state and local laws. Recently I found out that they had submitted engineering plans for the retaining wall below my property I would like to be able to review and have an independent engineer review these plans to ensure that the design will be adequate to retain my property. I submitted a gramma request and received a letter from the city saying that the information was proprietary. There is an easement on both of our properties for an irrigation pipeline and the irrigation company was provided a design and was allowed to have their engineer review the designs as well. I am assuming that I should have the same right since my property would be damaged if an insufficient design is constructed.
1 attorney answer
Municipalities would be violating copyright law to make a copy of engineering designs. You may be able to review the plans at the desk of the planning department in person. The engineer who submitted that plans may be willing to show you a copy as well.