How to stop conditional use zone change?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to stop conditional use zone change?
A distillery is trying to get a conditional use
zoning change on a farm next to my farm to
build a distillery/storage rack houses on in
Henry County Ky. We are affraid of the Black
Fungus, smell and many other issues that
arrise near this type if facillity. How can I and a
boarding subvision fight this when zoning
board and the judge executive seem to all be
on board?
Asked on September 18, 2018 under Real Estate Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You really can't fight it beforehand, other than going "through channels"--attending zoning meetings and stating opposition; "lobbying" (i.e calling) your local councilmen and seeing if they can and will help; and if you believe that the change is being approved improperly (not following the rules for a zoning change), bringing a lawsuit to block it on the grounds it is not being implemented in a legal fashion.
But if the zoning board did consider and approve this according to all the rules for a zoning change, then there are no effective ways to block it; the board has the right to make zoning changes, after all, so long as they follow the right procedures.
After the fact, IF you can show that they are creating conditions (odor, noise, traffic, health hazards, excessive waste, etc.) inappropriate for the location (e.g. next to a farm), you could possibly bring what is called a "nuisance" lawsuit seeking a court order that they abate the issues or problems, but be warned that nuisance suits are difficult to win--you really have to be able to show that the conditions created are wholly inappropriate for that neighborhood.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.