Attorneys for Land Use
What can be done?
When a zoning request is denied, it throws a wrench into the plans. Significant time and money have been invested into a property, and an unexpected denial or situation may require a quick decision about whether to move forward with a purchase.
You may have the right to appeal a zoning denial. 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:
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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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.
The Local Touch
If the property you are purchasing is not zoned for the use you had in mind, if you are experiencing opposition from the community or city, or if your zoning request was denied, we can help.
Zoning is highly local and highly relational, and the process is different in every community. If a professional with local knowledge is not involved at the beginning of the application process, it may hurt the chances of having the project approved.
At Dalton & Tomich, we understand Michigan and Illinois zoning processes and community dynamics and have relationships with the people who can move the project forward.