Litigation - Land Use - Dalton & Tomich

ZONING:
LITIGATION

What can be done?

When a zoning request is denied, it throws a major wrench into the plans. Significant time and money have been invested into a property, and you might have to make a quick decision about whether to move forward with a purchase. You also might even feel you are being treated unfairly.

You may have the right to appeal a zoning denial. But appeals from a zoning board to the local court often must be filed in a very short period of time – in some cases, 21 days from the zoning board’s decision. With the clock ticking and current and future revenue on the line, you need to know:

  • What are my options?
  • Is this the end of the road?
  • Can I challenge this and win?
  • How much time do I have to make a decision?

The good news is a zoning denial does not have to be the end of the road. You may be able to have it reversed.

At Dalton & Tomich, we use our knowledge of local laws and community dynamics to quickly find potential paths forward for your plans. We exercise all options and call on local relationships to seek a win/win scenario for everyone and help you build positive relationships with the community.

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If your case does go to court, we will represent and advocate for you, doing all we can to help you recoup lost time and money and maximize your investment.

WHAT TO EXPECT DURING THE LITIGATION PROCESS

When a zoning request is denied, it typically has the option for appeal. This appeal is based on the existing record and decision at the local level, and it takes an experienced attorney to understand why the request was denied and the options for appeal.

At Dalton & Tomich, we follow a three-step process if a zoning request is denied:

1

Review the Case

The first step is a thorough review of the original application and site plan. We consider reasons given for denial and analyze the decision to see if it was made in accordance with local state, and federal law. This allows for an understanding of the issues and options for the client.

2

Develop a Plan

Based on the record created at the local level and avenues for appeal, a course of action will be decided. Providing a reasonable solution that keeps clients out of court and keeps the project moving forward is our main goal. We have worked with a wide variety of communities to find solutions and overcome initial denials.

3

Litigate If Necessary

If an out-of-court solution can not be found then integration will be pursued. We will build your case, represent you in court, and work to have the zonial denial or adverse decision reversed.

A ZONING DENIAL DOES NOT HAVE TO BE THE END OF THE ROAD.

Let us help you find a path forward and fight for your vision so you can maximize your investment.

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