22CV01609
763 LAS OLAS DRIVE LLC v. VORIS
PLAINTIFFS’ MOTION TO COMPEL SITE INSPECTION
Plaintiffs’ Motion to Compel is granted, in part, as discussed below.
A. Background and Motion
Plaintiffs are two property owners on Las Olas Drive in Aptos. They own 763 and 759
Las Olas Drive and use their properties as vacation homes. (TAC ¶¶ 1-3.) In between them are
their neighbors the Vorises, the Defendants, who are building a new residence at 761 Las Olas
Drive. (TAC ¶¶ 4-6.) Plaintiffs claim Defendants’ new decks block their views, which violates
the deed restrictions on the property because the decks intrude into the setback, and violates their
privacy because anyone on the elevated decks can look directly into their homes and yards.
(TAC ¶¶ 1, 47-50, 53-55) Defendants began construction in late 2021. (TAC ¶¶ 20, 36.)
Plaintiffs contend that the plans submitted to the County for the project included misleading
information regarding the elevations of the decks an