|
|
|
|
Can I appeal an adverse zoning decision?
Yes. Depending on the provisions of your local zoning act, your first stop in the appeal process may be to a local appeals board. Typically that is where you go if you believe you have a chance of showing that the existing zoning of the property deprives you of your right to use the property, that your request for rezoning does not negatively impact surrounding properties, and/or the board’s actions were arbitrary and unsupported by the facts. You may also go there is the municipality did not meet all legal requirements. Depending on your local laws, an appeal to the zoning appeals board may be necessary prior to appealing to the courts. A court appeal often is a costly, time-consuming experience.
Whether or not the scheme of classification under the municipal zoning ordinance is arbitrary or unreasonable will be the key issue case, and the court will consider several factors, such as the relationship of the zoning law to the public health, safety, and welfare, any abuse of governmental power, and any discrimination.
Before contemplating a legal assault, keep in mind that these cases are seldom easy victories because courts give heavy deference and latitude to the decisions of local zoning authorities. |
|
|
|
|
|
|
|
|
|
|
FREE CASE REVIEW |
|
|
 |
|
|
|
|
|
|
|
|
|
|
|
|
State Law Center | Legal Links | Site Map | Privacy Policy | Media | About Us | Contact Us