How to stop conditional use zone change?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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