2) Neighbors Challenging Zoning and Land Use Decisions
by Peter R. Olson, Esq. & Brandon L. Bowen, Esq.
INTRODUCTION
Representing neighbors in land use cases has its own unique set of problems and issues. Neighbors often have a keen interest in development on adjacent property, but have relatively little input. The courts recognize that the question of neighbors input in rezoning cases is a question of how much influence the neighbors have on other people’s property. The courts are especially aware of this issue when it comes to an attack on a rezoning that has been granted by the local government. In such a circumstance, where the property owner has asked for a certain zoning classification, and the local government has agreed and granted the change, the courts are most reluctant to interfere. As the Supreme Court stated in a seminal neighbor case Lindsey Creek Area Civic Assoc. v. Columbus, 249 Ga. 488, 292 S.E.2d 61 (1982), “It is important to keep in mind that the governing authority has approved the zoning change, thereby giving its permission to the landowner to use the property as the landowner desires. It is also important to keep in mind that we deal now with the right or power of neighbors to deny to the landowner the right to use the property as the landowner desires and as approved by the governing authority.” 249 Ga. at 490.
Thus, despite the feeling of many neighbors that they should have more influence over rezoning changes, the courts are reluctant to intervene. The General Assembly has mandated public hearings under the Zoning Procedures Law, and so neighbors have access into the public hearing process, but once a decision is made, the standard to challenge becomes much tougher. In addition, from a practical point of view, representing neighbors has its own set of difficulties, that will be touched on briefly. First, this paper will discuss the standing issues for neighbors, and then the substantive challenges available to neighbors who are dissatisfied with a zoning decision.
STANDING ISSUES FOR NEIGHBORS
Many cases that are brought by neighbors get no farther than a challenge to standing. Simply being upset with the zoning change does not give a neighbor standing to bring a challenge in most cases. First, the practitioner must determine the precise nature of the zoning act being challenged. If the plaintiff merely wishes to challenge a use that is inconsistent with the existing zoning ordinance, the standing threshold is low- any citizen should be entitled to a declaratory judgment and injunctive relief that a use is not permitted by the existing zoning classification, regardless of whether or not the citizen suffers special damages because of the use. However, a subtle distinction exists when the citizen wishes to challenge an executive or administrative decision such as a building
permit that allows a use that is alleged to be inconsistent with an existing zoning ordinance. Instead of entering prospective relief, the court would be called on to remove an existing use. In that case, the court of appeals has held that special damages must be shown in order to challenge an existing use and the building permit allowing for that use. See Massey v. Butts County, __ Ga.App. __, __ S.E.2d __ (Ct.App. A05A1030, 2005). Similarly, when citizens wish to challenge a legislative decision in regards to zoning, such as a rezoning, the courts will also require a showing of special damages. Lancaster v. Effingham County, 273 Ga.App. 544, 615 S.E.2d 777 (2005). Typically, two sorts of plaintiffs attempt to bring challenges: individual neighbors and civic associations or neighborhood groups.
STANDING FOR INDIVIDUALS
Individual property owners may or may not have standing to enjoin rezoning depending upon the effect of such rezoning on the owners and their property. Since the question at issue is interference with others’ property rights, the courts have adopted a tough standing test. Although diminution in the values of the neighbors’ property (damages) is not considered when the merits are reached, it is considered on the issue of standing. It is in fact essential that the individual show damages that are different from the community in general. This can be a frustrating point to make to clients who are neighbors. The ultimate issue is not going to be decided on whether the neighbors’ property suffers some loss in value through the rezoning, but that question is central to the standing issue. As the Supreme Court stated in Lindsey Creek, “Allegations of damage to person or property sufficient to confer standing, or even proof sufficient to sustain the allegations when put in issue, do not in themselves determine the merits of the controversy and may even be irrelevant thereto. However, they are necessary in order to qualify the claimant as one entitled to present the controversy to the court for adjudication.” 249 Ga. at 491. In Brock v. Hall County, 239 Ga. 160, 236 S.E.2d 90 (1977), the Supreme Court adopted for use in zoning cases the “substantial interest-aggrieved citizen” test prescribed by the General Assembly as the requirement for standing to appeal board of adjustment decisions, noting that the test of standing in rezoning suits is similar to the special damages standing test as to public nuisances.
The substantial interest-aggrieved citizen test has two steps to show standing. First, a person claiming to be aggrieved must have a substantial interest in the zoning decision, and second, this interest must be in danger of suffering some special damage or injury not common to all property owners similarly situated. Neighbors who merely suffer inconvenience would not qualify, but persons who stand to suffer damage or injury to their property which derogates from their reasonable use and enjoyment of it would meet this test.
Damages that are not sufficient to be special damages distinct from those experienced from all property owners in the area would include increased traffic, potential for storm water issues, crime threats, and generalized claims that home values will diminish. These sorts of general claims are typically rejected.
Traffic Concerns
In both Lindsey Creek, and Victoria Corporation v. Atlanta Merchandise Mart, Inc., 101 Ga.App. 163, 112 S.E.2d 793 (1960), the courts held that the mere increase in traffic
congestion adjacent to one’s property as the result of improvements erected on nearby property and the attendant inconvenience resulting therefrom which are damages suffered alike by all property owners similarly situated, does not give to one individual such a substantial interest in a zoning decision to authorize a challenge. The courts call increased traffic a condition incident to urban living. “It is merely the result of normal, urban growth and development. To hold that such an inconvenience would give to any resident or property holder of an urban area the right to override the decisions of boards of zoning appeals any time such property owner or resident disagreed with such decision would be a dangerous precedent to establish. It would result in materially slowing, if not completely stopping, the inevitable and necessary growth of large modern cities.” 249 Ga. at 491.
Flooding
Neighbors in the Lindsey Creek case, supra, complained of flooding potential from the proposed development, which was a 42-acre site rezoned for commercial use and apartments. The court noted that the ordinance rezoning the property included conditions that water drainage be handled adequately to reduce or maintain the same flow that is currently shed from the now undeveloped land, which is a provision contained in most all current development regulations. The court concluded that those conditions are enforceable when permits are issued, and do not raise a damage issue.
Crime, Noise, Other Nuisance
Generalized claims of crime, noise and other nuisances in the neighborhood increasing have been rejected. See Macon-Bibb Co. Planning & Zoning Comm. v. Vineville Neighborhood Assoc., 218 Ga.App. 668, 462 S.E.2d 764 (1995). However, in DeKalb Co. v. Wapensky, 253 Ga. 47, 315 S.E.2d 873 (1984), the court held, “In the present case not only was there testimony that the value of neighboring properties would be reduced, but that additional damages in the form of noise, odor, and visual intrusions on peace and privacy would occur to deny in varying degrees the complainants’ use of their property.” This appears to be no more than generalized claims, but the record may have contained more specific detail.
Home Value Diminution
Generalized claims that home values in the neighborhood will decline have also repeatedly been rejected as insufficient to give standing. In Lindsey Creek, the court held that, although the neighbors testified that in their opinions the value of their homes would be reduced by the increased traffic and the proximity of the proposed psychiatric hospital, evidence of a general reduction in property values is not the substantial interest required to meet the aggrieved citizen test for standing. Similarly, in Macon-Bibb Co. Planning & Zoning Comm. v. Vineville Neighborhood Assoc., 218 Ga.App. 668, 462 S.E.2d 764 (1995), the court rejected general claims from the neighbors about lower property value, noting that no expert real estate appraiser, traffic engineer, land planner, or other expert witness testified at the zoning hearing that any member of the Association, whether adjoining landowner or otherwise, would suffer any substantial damage to any substantial interest. The court also pointed to Lindsey Creek as standing for the proposition that neither the homeowners’ opinions that their property values would decrease nor their
claims of nuisance met the substantial interest required to satisfy the aggrieved citizen test for standing.
Specific Home Value Diminution
As can be seen, the generalized claims for damages are typically insufficient. The best evidence for standing is a specific showing of a decline in home values supported by expert testimony from adjacent property owners. In DeKalb County v. Wapensky, 253 Ga. 47, 315 S.E.2d 873 (1984), and in Brand v. Wilson, 252 Ga. 416, 314 S.E.2d 192 (1984), the Supreme Court concluded that evidence of a 15-20 percent decline in value of a neighbor’s adjoining property was sufficient evidence upon which a trial court might find substantial damage to a substantial interest. As the court put it in Wapensky, homeowners who will “bear the brunt of the changed conditions” typically will have a substantial interest. Such persons are not casting themselves in the role of “champions of the community,” if they have presented evidence of an interest of real worth and importance. Thus, the best way to have standing is to have directly adjacent neighbors who can present evidence of potential diminished value from an expert, in addition to other nuisances such as specific noise, odor, light pollution, etc.
A Creative Exception
A fairly new development in case law regards the standing of neighbors to enforce a zoning ordinance, or to seek a declaration of the effect of a rezoning vote, in contrast to an appeal of a rezoning decision. In Head v. DeKalb, 246 Ga.App. 756, 542 S.E.2d 176 (2000), the Court of Appeals drew a distinction between the former and the latter. For the former type case, the declaratory judgment standard applies. In the latter type case, the substantial-interest/aggrieved citizen test still applies. In the Head case, the neighbors were not challenging the merits of a rezoning decision but whether the vote of the DeKalb Board actually resulted in the rezoning of the property. The Court interpreted this as a case seeking a declaration of the effect of the vote, rather than an appeal of the rezoning. Standing was confirmed in the subsequent version of the case after remand, Rock v. Head, 254 Ga.App. 382, 562 S.E.2d 768 (2001). This case can be used as a creative method for neighbors to obtain standing, and also to escape the normal 30-day appeal time, but the downside is that neighbors relying upon the rule in Head should not be allowed to delve into the merits of the zoning decision. For example, the claim that the rezoning was invalid because it represents a manifest abuse of the zoning power would not fall within the Head exception.
STANDING FOR CIVIC ASSOCIATIONS
Civic associations and subdivision clubs do not have standing to enjoin rezoning unless they own property affected by the rezoning, or unless they are joined by individual plaintiffs who have standing to do so. Normally the standing of one party is not dependent upon the standing of another party. Nevertheless, in zoning cases the courts find this “dependent standing” preferable to (a) detailed inquiry as to the membership of the civic association to determine its independent standing, or (b) requiring those individual property owners who have standing to bear the entire burden of opposing the rezoning. See Lindsey Creek, supra.
In DeKalb Co. v. Druid Hills Civic Assoc., 269 Ga. 619, 502 S.E.2d 719 (1998), the Supreme Court provided additional insight into the logic of not permitting civic associations to have standing alone, holding “Zoning ordinances and determinations do not confer a public right to the extent that they can be attacked by anyone interested in having the laws executed and the duty in question enforced. A party must have a special interest in order to enforce or attack a zoning determination. To rule otherwise would bestow a procedural advantage upon remote parties as opposed to those who are directly affected. This is true because remote parties could proceed directly to court by means of mandamus or injunction while parties with special damage would be required to exhaust administrative remedies.” See also Rice v. Lost Mountain Homeowners Association, Inc., 269 Ga. App. 351, 604 S.E.2d 215 (2005)(Homeowner’s association had standing even though it had been administratively dissolved.)
CLAIMS OF NEIGHBORS
Once sufficient neighbors with standing have been identified, the challenge can go forward. Neighbors can attempt to launch challenges to the merits of the zoning decision, or they can attempt to find a procedural flaw, or they can attempt to find a fraud or conflict of interest flaw. Of course, like any zoning suit, there are certain procedural prerequisites that should be addressed first, and these will be discussed first below.
PROCEDURAL ISSUES
Thirty Days to Sue
The thirty-day requirement for appealing a zoning decision should be considered the statute of limitations for neighbor challenges. This thirty-day timeframe comes from O.C.G.A. § 5-3-20, because the challenge is an appeal to the superior court. There are two limited exceptions to this rule. First is the circumstance mentioned above where the challenge is actually cast as a declaratory judgment seeking a determination as to the effect of a zoning action, rather than the appeal of a zoning decision. This is a subtle distinction, however, and it should not be routinely relied upon. The typical challenge to a zoning action is an appeal, and should be filed timely. The second exception is a challenge to the validity of the zoning decision under the Zoning Procedures Law or general notions of due process, which can serve to invalidate a zoning decision even years later. This will be discussed further below.
It should be noted that case law indicates that the 30 days run from the time that the zoning decision is reduced to writing. Frequently, that occurs when the minutes of the vote are adopted at the next regular meeting of the governing body. See Chadwick v. Gwinnett County, 257 Ga. 59, 354 S.E.2d 420 (1987). Thus, if you are faced with a situation where the neighbors contact you more than 30 days after the meeting at which property was rezoned, you may still have an opportunity to bring the case, if 30 days have not yet elapsed since the minutes were adopted, and the decision was not otherwise reduced to writing.
Proper Venue, Jurisdiction and Parties
In most cases, zoning challenges should be brought in the Georgia superior court and not a federal court. The federal courts have stated that zoning cases pertain to property rights, which arise from state, rather than federal, law. So long as the state provides a remedy for the deprivation of property rights through zoning decisions, there is no federal claim. Georgia does provide such a remedy, through the ability to appeal to the Superior Court, or to seek mandamus or declaratory judgment, whichever is appropriate. See generally Lewis v. Brown, 409 F.3d 1271 (11th Cir., 2005). Federal courts have said on several cases that they are not interested in becoming courts of zoning review, so it is difficult to imagine the case on behalf of a neighbor that should be brought in federal court.
Zoning suits are suits in equity and are heard in superior courts. Village Centers, Inc. v. DeKalb County, 248 Ga. 177, 178, 281 S.E.2d 522 (1981). The typical challenge is a challenge to the constitutionality of a zoning ordinance, and hence cannot be tried in state court. Incidentally, where a property owner challenges the denial of a rezoning application, the challenge is always to the constitutionality of the existing zoning, not whether the proposed zoning is constitutional or provides a higher and better use.
Zoning cases are brought against the city or county making the zoning decision. Suits against counties should be brought against the county. Ga. Const., Art. 9, Sec. 1, Para. I. The governing authority, such as the Board of Commissioners, is an equivalent entity. Guhl v. Tuggle, 242 Ga. 412, 249 S.E.2d 219 (1978). Entities such as planning commissions or boards of zoning appeals are not proper parties as they do not have the power to zone. Riverhill Community Ass’n v. Cobb County Bd. of Com’rs, 236 Ga. 856, 226 S.E.2d 54 (1976).
Since this is a neighbor challenge, the challenge is to a successful rezoning of another person’s property, and the successful applicant should be named as a party. Riverhill Community Ass’n v. Cobb County Bd. of Com’rs, 236 Ga. 856, 226 S.E.2d 54 (1976). The property owner is a necessary party under O.C.G.A. § 9-11-19. See Ferguson v. Composite State Bd. of Medical Examiners, 275 Ga. 255 at 260, 564 S.E.2d 715 (2002)(J. Carley dissenting). The property owner would have the right to intervene were they not named, and the decision needs to be binding on them as well.
Individual city council members or county commissioners are not necessary or proper defendants in their individual capacity. They can be named in their official capacity, but that is generally superfluous. Technically, mandamus requires naming an individual, but many mandamus cases proceed simply against the city or county themselves. If a claim of personal wrongdoing exists, claims can of course be brought against individual government officials. Otherwise, claims against officials in their individual capacity are dangerous and can lead to sanctions or abusive litigation suits. Governing authority officials have legislative immunity in their individual capacity against challenges in zoning suits. Whipple v. City of Cordele, 231 Ga.App. 274, 499 S.E.2d 113 (1998).
The proper venue is of course the county where the local government sits, which is also where the land sits, and so this is never an issue.
Proper Form of Suit
Zoning appeals are frequently either brought as declaratory judgment actions or mandamus cases. Sometimes they are simply styled appeals. Because the appeal of a zoning decision is a de novo review, this aspect of the form matters relatively little, unless the ordinance specifies a particular form for the appeal. The courts have held that local governments have some discretion as to how an administrative appeal proceeds, holding that there can be a direct appeal, if the ordinance so provides, or otherwise it should go by mandamus. Beugnot v. Coweta County, 231 Ga.App. 715, 500 S.E.2d 28 (1998). An administrative appeal would be one from a permit or variance denial. Mandamus, under O.C.G.A. § 9-6-20 et seq., has some of its own rules, including a very short timeframe for the hearing. Normally mandamus would not be appropriate for a neighbor challenge, however, because mandamus relief is only appropriate when there is a clear legal right to government action. Since zoning decisions are legislative, and thus discretionary in nature, it will be difficult to show a clear legal right to a certain determination as to another person’s property. The courts have even approved requiring such an appeal to go by writ of certiorari, a truly arcane proceeding under O.C.G.A. § 5-4-1 et seq. Jackson v. Spalding County, 265 Ga. 792, 462 S.E.2d 361 (1995). Electing the writ of certiorari prevents the mandamus sort of ambush, and so it has been selected by many jurisdictions. Whenever you are in a jurisdiction requiring writ of certiorari review, you must put your case up before the governing authority, because the appeal will likely be on the record, rather than de novo.
The zoning appeal will ultimately be decided by the judge, as the constitutionality of a zoning decision is not a jury question. Dover v. City of Jackson, 246 Ga.App. 524, 541 S.E.2d 92 (2000). Further, the appropriate decision, if the court finds the current zoning unconstitutional, is not to rezone the property, but only to order the property rezoned in a constitutional fashion. Town of Tyrone v. Tyrone LLC, 275 Ga. 383, 384, 565 S.E.2d 806 (2002). The result would be different of course if the determination were that the rezoning decision were invalid; in that case the preexisting zoning determination would still be in effect.
MANIFEST ABUSE OF THE ZONING POWER
Once Plaintiffs with standing have been located, the attorney is ready to file suit within thirty days, and the attorney has identified the essential parties, venue, and form of the case, the next question is what claims to bring. The most basic claim is simply a direct challenge to the rezoning. Again, however, because the courts are dealing with the right or power of neighbors to undertake to control the use of nearby land owned by another, diminution in the values of the neighbors’ property (i.e., damages), unlike the usual property damage case, is not in and of itself cause to set aside the rezoning. Neighbors of rezoned property cannot invalidate the rezoning by showing that the preponderance of the evidence was against the zoning change. When neighbors of rezoned property challenge the rezoning in court on its merits, it will be set aside only if fraud or corruption is shown or the rezoning power is being manifestly abused to the oppression of the neighbors. Cross v. Hall County, 238 Ga. 709, 235 S.E.2d 379 (1977). Fraud or corruption will be dealt with below, and this section discusses the “manifest abuse of the zoning power” standard.
Manifest abuse of the zoning power to the oppression of the neighbors is a difficult concept to grasp, as it is frequently intertwined with claims of fraud or conflict of interest, or it is co-joined with procedural defects. That is to say, it is rarely separated as a
concept in and of itself. It is difficult to say if there could be a rezoning that was procedurally proper, where no person had a conflict, and yet still constituted a manifest abuse just based solely on the rezoning itself. Passing references to showings of constitutional rights that have been abridged suggest one avenue. Another seems to be a showing that the action taken, whether a rezoning or other land use grant, flatly violates the provisions of the zoning ordinance. An example would be an ordinance requiring a certain minimum size or some other provision and the decision simply violating that ordinance. The concept indeed has not appeared much in neighbor cases in recent years, and a search of the case law indicates that there have been no reported appellate decisions dealing with the manifest abuse of the zoning power in 15 years.
ZONING PROCEDURES LAW/ DUE PROCESS CHALLENGES
A much stronger potential challenge by neighbors is a challenge to the due process of the rezoning, and/or a challenge under the Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq. If the rezoning was conducted without complying with the Zoning Procedures Law, it would be invalid. Typically this would be because of a defect in the sign posting or the newspaper requirements, such as not being put up or published sufficiently early. The ZPL requires the notice be published at least 15 but no more than 45 days before the hearing, and that the sign be published at least 15 days before the hearing. Challenges have been successfully made to the content of the notice, when for example the rezoning is ultimately granted to some other classification than the sign and notice provided. The Supreme Court requires strict compliance, not the usual “substantial compliance” with the terms of the Zoning Procedures Law. McClure v. Davidson, 258 Ga. 706, 373 S.E.2d 617 (1988).
For challenges asserting a denial of procedural due process, the Courts have allowed challenges years later to go forward and succeed. The reasoning is that without due process, the rezoning is void and can be challenged at any time, as it was void. Golden v. White, 253 Ga. 111, 316 S.E.2d 460 (1984). This of course can be very frustrating to an innocent developer who is relying on actions taken years before. In the Golden case, it did not matter that the person bringing the due process challenge for lack of notice did not even live in the area at the time of the rezoning and could not possibly have received notice. Rezoning runs with the land and not the person, and if the notice was defective, the rezoning is defective.
The downside to these challenges is that the local government that granted the rezoning can cure the problem by running the zoning through the process again. For this reason, the lawyer contemplating bringing a neighbor challenge should consider the politics of the local government. Frequently, by the time a decision is reached, elections will have changed the composition of the governing authority, and the new governing body may be more favorable to the neighbor’s position.
Unsuccessful rezoning applicants often try to challenge the entire ordinance as being procedurally void under the ZPL. The effect when such an attack is successful is that there are no land use restrictions upon the subject property. This is not a desirable challenge for neighbors, however, because neighbors rely on the zoning ordinance to protect their land. If the zoning ordinance is struck down, the property owner can do whatever she likes upon the property, not just those uses in the undesirable zoning classification.
FAILURE TO FOLLOW OWN PROCEDURES
Another useful challenge for neighbors is to challenge whether the local government followed all the procedures in its own ordinance. Even if the procedures are not required by the ZPL, they can be binding. In such cases, one option for the trial court is to remand the decision. Helmley v. Liberty Co., 242 Ga.App. 881, 531 S.E.2d 756 (2000). In Brand v. Wilson, 252 Ga. 416, 314 S.E.2d 192 (1984), the Supreme Court agreed with the trial court that the rezoning was defective because of a failure of the application to submit a plat, which was a requirement of the zoning ordinance, and would serve to give the surrounding property owners notice of the use to which the property would be put if rezoned. The Court has repeatedly required strict compliance with the notice requirements of zoning ordinances. See South Jonesboro Civic Assoc. v. Thornton, 248 Ga. 65, 67, 281 S.E.2d 507 (1981), and cases there cited.
FRAUD OR CONFLICT OF INTEREST
Finally, there is the very useful claim of fraud or conflict of interest. As noted above, this is often paired with the concept of manifest abuse of the zoning power. The basic formulation for a fraud would be that a zoning commissioner should be disqualified if he holds a direct or indirect financial interest in the outcome of the zoning vote, which is not shared by the public in general and which is more than remote or speculative. Olley Valley Estates v. Fussell, 232 Ga. 779, 208 S.E.2d 801 (1974). Cases where the planning commission chairman was also vice president of the applicant raised a potential conflict (Dunaway v. City of Marietta, 251 Ga. 727, 308 S.E.2d 823 (1983)) as did cases where voting commissioners sold products or services to the applicant (Wyman v. Popham, 252 Ga. 247, 312 S.E.2d 795 (1984)).
The burden of proof on showing a fraud or conflict of interest has been found to be a preponderance of the evidence. In Wyman v. Popham, 252 Ga. 247, 312 S.E.2d 795 (1984), the Court considered the issue: “The general rule against inquiring into the motives of the legislative body gives way as a matter of public policy where there is an allegation or appearance of corruption or fraud. Bearing in mind that fraud is often subtle and difficult of proof, and, in addition, that the integrity of the process of public deliberation is of the utmost importance to the public weal, we will not impose upon those claiming fraud or corruption in the promulgation and administration of zoning ordinances any standard other than that of the preponderance of the evidence.”
The General Assembly has also created a somewhat weak statutory provision, the Conflict of Interest in Zoning Act, O.C.G.A. § 36-67A-1 et seq. This act requires disclosure and recusal of commissioners with a direct financial interest or direct ownership interest in the property. If their relative has a direct financial or ownership interest, this act simply requires disclosure. It also requires disclosure of campaign contributions by supporters and opponents.
The Act requires that the disqualified local government official not take any other action on behalf of himself or any other person to influence action on the application for rezoning after disqualification. Little v. City of Lawrenceville, 272 Ga. 340, 528 S.E.2d 515 (2000), narrowed this prohibition to “official action.” In other words, local government officials can do anything that a citizen can do.
CONSTITUTIONAL TRUST
One slight variation on the fraud and conflict of interest claim would be the violation of the constitutional trust provision of the Georgia Constitution, Art. 1, Sec. 2, Para. I, which states, “All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people and are at all times amenable to them.” The constitutional trust provision is applied when a public officer has definitely benefited financially (or definitely stood to benefit financially) as a result of simply performing their official duties. Ianicelli v. McNeely, 272 Ga. 234, 527 S.E.2d 189 (2000). This is of course very close to the traditional fraud in zoning test. Interestingly, in the recent case of Crozer v. Reichert, 275 Ga. 118, 561 S.E.2d 120, 2 FCDR 734 (2002) the Court stated, “In Dunaway v. City of Marietta, 251 Ga. 727, 308 S.E.2d 823 (1983), we held that the constitutional trust provision prohibits the chairman of the city planning commission from any participation in zoning applications filed by a corporation in which the chairman served as an officer.” This is an interesting comment because Dunaway does not mention the constitutional trust provision nor cite to the Constitution. In any event, it is now seen as falling under the ambit of this provision, which simply provides another basis to attack a financial conflict of interest in any public officer.
This is useful to neighbors to the extent the definition of a “public officer” is quite broad, and is broader than the traditional analysis would cover, with its focus on the decision makers themselves. In Crozer, the official at issue was the planning director, who had an application in on his own property, and asked a staffer to review it. The Court noted that the term “public official” consistently has been given broad application by the appellate courts. The Court recognized that if the individual is appointed, the determination of whether he is a public officer is to be made based on an analysis of that person’s duties, powers and obligations, not the extent of his authority. The record did not contain enough evidence, so summary judgment in the planning director’s favor was reversed.
SPOT ZONING
An additional favorite claim of neighbors is that the rezoning constitutes “spot zoning.” “Spot zoning” is a term used by the courts to describe a zoning amendment which is invalid because it is not in accordance with a comprehensive or well-considered plan. East Lands, Inc. v. Floyd County, 244 Ga. 761, 262 S.E.2d 51 (1979). It has been defined as the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area, for the benefit of the owner of such property and to the detriment of other owners. Spot zoning is generally used to refer to rezoning a small parcel to a classification that differs from the general surrounding area. However, just because a small area is zoned differently from the surrounding area does not equate to spot zoning. Spot zoning has been found in relatively few cases. The general test for spot zoning is whether the zoning is arbitrary or whether it is done in accordance with the comprehensive plan. The analysis depends heavily on the facts of the particular case.
Spot zoning has not been mentioned in a decision of the Georgia Supreme Court since 1987 and has not been seriously discussed since 1981. See Bobo v. Cherokee County, Ga., 248 Ga. 554, 285 S.E.2d 177 (1981). In Bobo, the Supreme Court found that the
decision to deny the rezoning of property from residential to commercial amounted to the denial of due process, and held that, despite the fact that it would inject a commercial use into a primarily residential area, it did not constitute spot zoning, because there was little evidence of harm to other owners and substantial evidence of harm to Bobo. Thus, a radically inconsistent use is attacked under the framework of an insubstantial relation to the public health, safety, welfare and morality.
PRACTICAL ISSUES
The preceding sections discussed the technical aspects of representing neighbors and thinking about the claims they can bring. There are additional practical difficulties that bear mention. Specifically, representing a group of neighbors creates problems with funding, control and divergent interests.
First of all, there are always more neighbors frustrated by a rezoning decision than are willing to pay to actually go to court. Hence, an ad hoc group that has formed to oppose a decision may have numerous members, but few actual deep pockets. Occasionally a well-funded civic association has been incorporated, and in that case the civic association can be the client. Of course, given standing concerns, adjacent property owners need to be located to be plaintiffs as well, and then there are multiple parties to represent, and sometimes the persons contributing the most financially are not the named parties. It should be made clear that as an attorney, one actually represents the interests of the plaintiff, and that if that causes a conflict with the interest of those paying, there may have to be a withdrawal. Ideally, if there is a civic association, contact can be maintained just with the president or other officer of that group who will coordinate communications with the other interested parties. If there is no real formal group, then the task is to ensure each plaintiff and the major supporters are kept in the loop, but they should be asked to designate a spokesperson or contact point so that the attorney does not get conflicting instructions.
There is always the potential of interests diverging between the various parties. Immediately adjacent neighbors can sometimes be satisfied by promises of buffers and other consideration, which may make the use palatable, especially when that person is paying to fund the litigation. Such a settlement offer will likely not make happy the neighborhood gadfly who opposes the rezoning on principal but does not live immediately adjacent to the property. For this reason, it is very important to ascertain who exactly the client is early in the representation.
On the funding issue, the attorney needs to make sure he or she has a good fee letter or contract with the key parties, rather than the unincorporated association. The neighbors need to understand that certain individuals will ultimately be held financially responsible for fees and costs. Just having an agreement with an unincorporated association without assets is worthless if fees run up at trial and no one wants to pay. Like any new client, a retainer is a good idea, but groups of neighbors often have to bundle smaller checks to achieve a reasonable retainer.
ARC Land Matters 
January 21, 2014 at 10:02 AM |
Hi, thanks for your very informative blog. What’s the number one reason neighbors withdraw zoning lawsuits? Are there any strategies you can recommend to encourage such an action?
August 4, 2014 at 12:58 AM |
In our case, a neighbor sent marshals out to write tickets, in excess of $660, for us not having a business license and not having enough land to hold events here. I had attempted to obtain a license on three occasions. The third attempt, the board said they didn’t see how we could do our events. We had done a handful, quite well. We had the next door neighbors land, leased to us, therefore, making the entire 5 acres available to us. In addition, the next door neighbor IS My HUSBANDS MOTHER. What’s more, she actually FENCED in her land, with mine. I don’t mean — you can get into her pasture from mine. I mean, her pasture IS mine! and vice versa. It has been fenced together for over a decade now. My horses,kids and cars, mowers, tents and marshmallows have been on it for over a decade. You can no more discern which is hers and which is mine, without Google maps, than you can separate out which bath water is which kids, in a tub. The person sending out the marshals, has been on the board for years, and has served WITH the neighbor, who is being the squeaky (squawky) wheel. Their names appear in several articles, together. Ironically, the BOARD is who advised me to do business on a ‘donations only’system, which I did from that point on. The judge said to fight it. I did. I lost— and was charged overt $1000 or 20 days in jail! I have a probation officer, who charges me $44 a month, till I pay the $1000+ fine! Doesn’t sound like much, but think, if I take 10 months to pay off the $1000 fine. It’s another $440 on top of the fine! PLUS, you have to pay nearly $5 per transaction, as a “convenience fee”. I already paid $220 for one ticket, which I didn’t deserve, because that event was for a ministry servant, who serves with my dad, as a personal favor. he gave me exactly $100 LESS than what it cost to have my carpets cleaned! after the event.
So $1000, plus $440, plus $5 “convenience fee” for 10 months=$50 more, plus the $220, I already was forced to pay… Over $1700 total owed to the county for not having .88 acres”enough land to hold events”. Hmmmm. Even though my land is fenced with my in-laws, amounting to more than 7 acres (5 is the magic minimum). And even though the board said run it on donations only, no contracts, etc. I did. The judge said I got “bad advice on zoning and land use allowances”. From whom did I receive this bad advice, pray tell? The Zoning and Land Use Committee, headed by V.T. Lee, a great friend and former college of my neighbor, who had the marshals come write me three tickets at $220 each. The burden of proof was on the county, that I had done no wrong (as in, I did exactly what the board said to do), and the judge still fined me $1000, plus, or 20 days in jail. For following the advice give to me by the people in charge, in this county. I m telling everyone I know, including 60 Minutes. If anyone starts trouble with you, GOOGLE their names along with the phrase. “Cherokee County Board of…” Or whatever is associated withour case. Youwill be amazed at what doesn’t get called a conflict of interest.
PS Does anyone know whether or not there are cameras in the county offices and in the meeting rooms. 60 Minutes wants to know.
January 30, 2017 at 1:09 PM |
Hi K, My name is Keely, I would love to know more about your post on land matters that I stumbled across and your event center. I know it happened a while ago and hopefully if has resolved for the best. But I would really like to know more about your case. Because we are battling Cherokee county, kind of similar but also different?? It’s tough to explain. If you receive this and are willing to tell you more about please contact me at 770-335-0653
August 14, 2014 at 8:55 PM |
I have question… in a small town in Florida, the City’s Director informed the bank’s developer buying our property that there are four variances that must be over come…. two are easy and the other two you will not be able to fulfill. Soon after this meeting, the bank’s developer pulled out of the contract after paying nine months of good faith…. Do we, as the sellers, have a legitimate lawsuit here? and Who is the lawsuit against? Can you recommend someone in Southwest Florida to help us?
August 15, 2014 at 10:23 AM |
Mr. Cook: This post was written several years ago by a guest author, attorney Peter R. Olson, formerly of the firm Jenkins & Olson in Cartersville, Ga. and a noted author and speaker on land use law. You may want to try contacting him, but we at the Atlanta Regional Commission (ARC) do not have his information. Perhaps more useful would be to open a dialogue directly with your local planning and zoning officials to better understand the variance issues involved. You may also want to speak with an attorney who is familiar with zoning and development codes in your local area, as well as contracts law. Our agency (ARC) works on regional land use and transportation policy in metro Atlanta but is not involved in local land use and zoning decisions, especially in another state, so we are not in a position to recommend legal services for you. Best of luck.
January 28, 2015 at 6:48 AM |
Which town in Florida said that there are “four variances that must be over come…, two are easy and the other two you will not be able to fulfill”. What are the two you will not be able to fulfill?
September 1, 2014 at 9:48 AM |
Our NC County Commissioners denied a developer’s request to rezone property to commercial from residential. the developer sued the county. the court dismissed the developer’s suit and did not hear the case. the developer then went to the appeals court. The appeals court sent the case back to the lower court requiring that it be heard, but not deciding on any of the claims. The commissioners are pressured to settled by a few commissioners in favor of the development. If the commissioners settle, what recourse does the community have to over turn the settlement decision, or at least request that the case be heard in a court of law and decided up on in a court of law?
September 4, 2014 at 2:24 PM |
This post was written several years ago by a guest author, attorney Peter Olson, formerly of the firm Jenkins & Olson in Cartersville, Ga. and an author and speaker on land use law. You may want to try contacting him, but we at the Atlanta Regional Commission (ARC) do not have his current information. Perhaps more useful would be to open a dialogue directly with your local planning and zoning officials, and to voice your views at county commission meetings. We also recommend speaking with an attorney who is familiar with zoning and development codes in your area, as well as the specific legal history of this case. Our agency (ARC) works on regional land use and transportation policy in metro Atlanta but is not involved in local land use and zoning decisions, especially in another state, so we are not in a position to recommend any legal actions for you.
February 18, 2015 at 11:34 PM |
I would like to tell you, but for fear of retrobution I will contact your via Linkin. Time limitation is two years and as of now, we have three months left to do anything about it. Thank you
April 2, 2015 at 10:51 PM |
Great article! Question, in GA, what responsibility does a city have to notify residents that they are changing their zoning classification? Just found out our zoning was changed to allow both commercial and residential (townhomes, apartments, and condos), but no more single family homes. I live on a cul du sac of homes. How is this possible?
April 26, 2015 at 2:00 AM |
Recently a local manufacturing company attempted to submit an application to a township zoning board for rezoning of 22 acres from residential to industrial 2. The company who submitted the application had not yet purchased the land, and so approximately 10 days later, the private land owner made application as well. Realizing also that the land was already being prepped with land and other surveys before the application was ever made. Eventually area residents were notified of a zoning board meeting whereby the area residents took issue with the use of the property that would be rezoned in order to accommodate the expanding company. Traffic, the odor and noise of the factory, and loss of a rural, residential outside city limit atmosphere, were all examples of the residents disapproval of such. The zoning board elected to research additional questions, one being that there was sufficient vacant land in closer proximity of the existing company already zoned I2 (though the company representative said it could not afford the asking price) located further from existing homeowner properties. Approx 6 wks later, another public meeting was announced to area residents and no sooner did the meeting begin then the zoning board said they received a request from the manufacturing company to post phone the meeting and would reschedule once agin for their vote. Area residents then discovered the company purchased the property through it being read in the local newspaper. Still waiting for a meeting, it was then found that the County Commissioners approved an annexation between the city and the township and that the zoning board approved the rezoning of the property so that the company could proceed. This was discovered in a newspaper article approximately 3 weeks after the second meeting had been postponed. Is there any reprieve for the residential property owners whatsoever?
August 27, 2017 at 7:15 PM |
Wow. This sounds like such a dirty deal. How did it all turn out?
March 15, 2018 at 10:23 AM
Thanks for asking Marilyn. The city and corporation prevailed. We are certain that the residential property values will be negatively impacted. I suppose it’s the price of economic growth for those that can afford to dictate it.
June 7, 2019 at 6:59 AM |
I have had the exact same thing happen here in Galesville Wisconsin. Now a noisy outside factory occupies the lot directly adjacent to my backyard. Google my address and see the aerial of what they built. it is insane. 16708 s 15th street Galesville Wisconsin. If anyone know how to help I am desperate.
May 16, 2015 at 11:19 AM |
In Walton county Florida, just outside Freeport city limits. I purchased and paid off my home/ land back in 2004. In 2006 a Man buys adjacent home facing the HWY 331. From the day he moved here he approached me and tells me of his PLAN to build cedar products and sell them yr round from his yard. I told him I wasn’t liking what I’m hearing. They have held “yard sales” for months on end because our county has no ordinance limiting the type of activity it brings at all hours day/night.It took years but finally the county made him stop his sales for it’s not zoned for such activity. Ever since then, the man has stalked us, harassed us and the list goes on and on. Now that my daughters are teenagers and driving, he causes us more stress from trash in the road for he keeps widening into the road, yet the enforcement for any complaint has been thrown aside as nothing. I have had neighbors that have sold their home for a lot less due to the flea market atmosphere in the entrance of our road. Just last summer he has 2 con-ex steel containers in his front yard to hold storage for selling items as always. The county does nothing. over our complaints. This man’s name is James W. Horn @ 18596 Hwy. 331. Our road is the side of his property yet he infringes upon surrounding lots that are vacant. Last June, the man, widened his driveway and garage at least 5′ to encroaching upon our county ‘setback rules’. After numerous complaints about how now this ‘permanent structure’ is only 2′ from property line the county will not be able to grade our road to it’s proper specs and has stated to me that they will not be able to pave our road as we residents on Waterside Ln. had hoped for so many years. The code enforcement dept. took 7 mos. to return this notice of inquiry to me that stated they have deemed this garage to be a “legal non- comformity”. I have never heard of such garbage lingo. Police have stated for years that technically all of his trash cans, yard debris and vehicles are actually in the right of way. We cannot legally fit 2 cars side by side if passing down it. My survey shows there should be a 30′ wide road with easement on each side. Who enforces our citizens rights to not live like this? He now has signs for a Land Clearing business he started I guess. Trucks and dozers are parked all over here……Now it sure looks commercial, yet our ZONING is RV. We just want to live in peace and not have this industrial minded crooked salesman and now who knows what in our neighborhood. IS THERE ANYTHING YOU CAN HELP US WITH ABOUT THIS SITUATION. Being that I have endured over 10 yrs. of this crap. I know I should have rights yet the police nor code enforcement or any other county identity has helped and stopped this completely. COME stop by, I live at 49 Waterside Ln. Freeport Florida. I’ll show you where this same man laid down telephone poles along my fence line on another man’s property to cause my yard and drainage system to flood ever since. Even the Law didn’t know what to say. County hasn’t offered to fix any re-drain possibilities as this man just piles up more gravel and dirt to stop the natural grade of this land around here. My cell # 850-585-0262….anyone that has answers that can help me soon. Thank you for reading. Over 10 yrs and still growing? This has got to STOP!
September 16, 2016 at 2:08 AM |
You need an attorney to sue the neighbor. But hurry because according to the law if you waited 10 years then you conceded to him, you accepted. So better check on stopping his incursions by suing him right now. Seven is considered to be the cutoff. Check exact dates of when he did each thing. If you gave him notice that you did not agree with his incursions, show it. Even if it was just verbally. Otherwise the judge will say you conceded. Good luck.
September 7, 2015 at 11:46 AM |
Please help me with my property issues as I am disabled and cannot handle the constant cursing, leaving dead animals, on my boat jumping up and down on my boat I live off devonaire lake so past my fence is community property! Yet because I’m an artist I have made as everyone here has a spectacular beach! I was told by Miami dade country police that it’s not illegal for them to touch anything on community property as long as it’s not stolen or destroyed! Now the kids are on a rampage sitting all in my chairs my boat wrecking things and running help me the stress is bringing out my lupus and bipolar
October 7, 2015 at 6:39 PM |
wonderful article. I learned a great deal but I would like to learn more about what to do when the applicant for the rezoning is rejected by the zoning board. Now they want to take it to the Appeals court to reverse that decision. The surrounding homeowners are thrilled that the board rejected the applicants proposal to rezone the property but we need to be ready to for that battle.
November 11, 2015 at 2:22 PM |
Jacci, I would be interested in this information as well! We have not yet secured a denial to the rezoning request but we are optimistic and would like to be as prepared as possible for any potential battles that may ensue.
December 10, 2015 at 3:31 PM |
Was approved a re-plat for my re-zone from R-1 to O-1, then at the actual re-zone meeting – the city attorney stood up and asked for a rescind of the re-plate – it was approved and then the re-zone was denied. Is it time for an attorney?
THX, Bill in Arkansas
February 15, 2016 at 2:46 PM |
My town council attorney allowed a junkyard to have a second used car lot branch on the property area the deed agreement states ” All operations should be behind the fence for all heirs and assignees” The property owner then mixed used cars and junkyard cars together in this area and expanded the use to be unsightly.
For 8 years we have been seeking enforcement of ordinances. Had to hire an attorney for Land Use Board to state they were expanding a non confirming business and protect my home from depreciation. The town did not follow/ enforce ordinances at all and degraded the neighbors seeking compliance. I reside in NJ where the public officials are not servants of the people and tried to get away with malfeansance. Do I have criteria to institute a lawsuit to retrieve what I have spent to gain the town to enforce and comply?
December 19, 2016 at 12:02 PM |
Do you think that these examples of court cases would be valid in Michigan? I am going through a similar issue right now. Thank you!
March 15, 2017 at 8:57 AM |
I am on the board for a HOA of 116 homes in Stuart, Fl. About 2 yrs ago without knowing the home was for sale ARC moved in. We are being told federal rights are in place and even though our covenants say ” no more than 2 unrelated family members under the same roof” -single family dwellings only-they have at least 4 “patients” with 2 or more care takers living there. They are enclosing the garage to accommodate more! Our management company and attorney say there isn’t any recourse ? Meanwhile the people living near them are treated to screaming patients (over 45 mins at a time ) and other nuisances. I realize every citizen has rights including the mentally handicapped- I just wonder what my rights are. They could have/should have bought a house that is not part of an HOA- but somehow they bought into our community and it seems we have to make “exceptions” for them. Can anyone tell me if I there is any re course?
May 3, 2017 at 6:33 PM |
Joanne, sounds like Texas. I am almost sure that you guys have no recourse. A similar thing happened on my mom’s street. They have folks walking down the street naked, the police is always at this house. It is a group home but it is legal to be in the neighborhood.
March 25, 2017 at 10:26 PM |
Hi, my family is in the process of having our farm rezoned. We are wanting to divide it into several tracts of land with different zoning. Currently is is RA-20 and with our future land use plan we are in compliance and general compliance with everything. We had it approved with the Planning and Zoning board then met with City Council to approve the zoning. They denied it because we were going to get a SUP hopefully the next night. The City Council admitted to us they couldn’t let our zoning pass because it would infringe on another project supposedly going to be built and it would keep that company from getting financing. All they were supposed to do was pass our zoning and it was up to the Planning Board to grant the SUP. Seems like we would have a legal right to have it zoned. Is there any legal recourse we could take?
April 11, 2017 at 7:51 PM |
Our County approved a PUD for Mug bogging Events on a former County Commissioners property. Problem is the PUD allows the Events on Friday and Saturday to be open 24 hours and allows Alcohol with ATV riding and Mud bogging. Anyone over the age of 18 is allowed in the Park 24 hours. You sign a release form, cash only, camping is allowed. After filing compliants for PUD violations to our codes and Enforcement the County supervisor informs us that they have no one that can Enforce this PUD as it’s on weekends and the County doesn’t have the financial resources. The owner exceeds his camping limits. There maybe over 7000 people at these Events So they approved a PUD they can’t enforce! This is insane!
May 10, 2017 at 4:22 PM |
A drug & sex rehab facility is buying property in our town & is seeking a variance from residential to commercial zoning. An elementary school is near the property. We have no local police or fire, & emergencies have a 20-30 minute wait time. There are also no public sewers, only septic. What is the best way to stop this?
July 6, 2017 at 11:33 AM |
Matt, you don’t happen to live in Green Twp NJ do you?
October 4, 2017 at 9:19 AM |
Hello currently the City Land Use Plan Recommends Mixed Use for a plot of land in the heart of a major city park area. The current recommendations for Mixed Use include RO, C-3, but not R-3, R-4 which is what the property owner wants to rezone for to allow for medium and high density housing. Do property owners against the R-3 and R-4 zoning surrounding this area have any legal rights if planning commission approves a rezoning that does not reflect their current land use recommendations?
October 12, 2017 at 6:37 PM |
I live in a county where the county did everything wrong on an application that they approved. We went to protest it, but they passed it. We live in a rural residential area and the county passed a piece of property to be zoned commercial. They are going to construct a large pole building for a recreational training facility. They did not follow any of the rules, yet when we protested, it did not do a thing. We live two lots away and we do not believe that they disobeyed their own land development code book on every step of the process. What can we do? Appealing costs $350 and that is not a definitive NO to them doing any more building now.
November 5, 2017 at 4:00 PM |
I am on City Council in a small town on the coast of Texas. We have recently been hit by Hurricane Harvey. Prior to the hurricane the city was working with a land owner seeking to play his land. Since the storm, with our town in devastation we want to postpone the vote. How can we do this?
April 13, 2018 at 1:10 PM |
When I moved into my neighborhood 25-years ago, there was an insurance office and a pizza joint/deli on three commercially zoned lots. This is an old neighborhood, my house was built in 1912. I’m sure this commercial zone surrounded by residences was convenient at the time.
A few years later, someone bought the three lots, bulldozed everything and then build a car wash! I disliked it but since it didn’t really bother me (my house is 500-feet away), I figured there was nothing I could do about it.
Now, the same owner bulldozed the car wash and has applied to build a medical marijuana distribution facility! The building design has traffic leaving into our residential neighborhood. This facility is sure to bring lots of traffic until 10:00 at night. It does NOT benefit our neighborhood?!
Do we have any standing to oppose this?
Here’s a link to all the documents: https://www.slideshare.net/666isMONEY/medical-marijuana-distribution-adjacent-to-residential-zone-and-500feet-from-a-school
July 24, 2018 at 1:30 PM |
I have moved into a lovely neighborhood but the school district is not fit for my children. I have a fayetteville, ga address. But was told I am in Clayton , not Fayette county. I oppose of this. I would like to know why the road can’t be rezoned. What can I do to make this possible?
September 4, 2018 at 9:04 AM |
hello we have a developer trying to rezone a residential large lot to a pd (restaurant, massages, swimming pool, concerts etc.) the neighborhood is against it as we are zoned residential and have been for well over 50 years. is this spot zoning. the city council granted the rezoneing including alcohol within 50 feet of the building line. we are outraged. any help would be appreciated.
September 4, 2018 at 10:06 AM |
Is the rezoned residential lot an island surrounded by residential or an extension of a business, commercial zone? Former is spot, latter not.
March 14, 2019 at 1:24 PM
Peninsulas are allowed, but islands are not?
My neighborhood: A failing church occupying 1 city block has requested being rezoned from R to CBD, three sides are residential and one is CBD. If the zoning is approved, they will sell the building to a NPO who will set up a community “strip mall” of services – renting spaces to 20+ organizations & businesses.The zoning change does not follow the city’s Master Plan. The area was recently rezoned from R-1 (single/two family) to R less than 12 months ago. This rezoning followed the city’s Master Plan, was a citizen/neighborhood based initiative, and was applauded by the same zoning board hearing the CBD request. Also note, this area is in a state recognized and protected historic district.
December 18, 2018 at 4:26 PM |
Thank you for just wonderful information. Our case involves the City of Boise’s recent Urban Renewal project that will be an industrial area. Our 200 manufactured housing development has been in existence since 1970 when it was county property zoned agricultural.The county issued a conditional use permit for the manufactured home park.The zoning has been changed several times since then with the final zoning changed to light industrial.This has invited an adjacent property to place a 100 bay fleet terminal with a Fleet Fueling Diesel Station within 140 of a residential home. The City of Boise said we are zoned light industrial because we are in the Airport overlay and FAA would require us to be moved if we were residential.I have since found out that FAA has jurisdiction over the air space and not land use. The City and County determine the land use which they determined another residential housing area which is closer to the airport than our community to be residential and made a special overlay for them. The City wants to put a trans load train terminal directly beside our community. Our community has paved roads, families, disabled, and veterans. We have come before the design commission and appealed our case to the Planning and Zoning Commission which we won, now the trucking terminal R&L has appealed our appeal which we battle tonight. We represent ourselves and feel the City has discriminated against us by allowing stick built homes more protection than our HUD approved homes that are better built than the other houses in the Airport Overlay district. The Urban Renewal project based their eligibility report on blight, deteriorating conditions but there are new warehouses going in before the study was done. Their URD study is addressing bare land that the city bought and developing lands around the rail way and roads with nothing for the areas that were used in their report. Any information as to the what recourse we could have would be greatly appreciated. Goggle Blue Valley Manufactured Home in Boise City to get the news on us.
March 6, 2019 at 8:29 AM |
Very excellent information our neighborhood is going through this now. And the person trying to change zoning in Henderson nv is the former mayor tellme the good ol boys are not still in place
July 29, 2019 at 11:05 AM |
I like that you mentioned that a lot of cases are brought up by neighbors and go no farther than a challenge to standing. I have been listening to some of my neighbors argue about what counts as their property and not theirs. Maybe I should show them more information on subdivision development and see if that can be helpful in showing them where their property really is.