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I live in a town of 480 people. I bought 6 lots across my alley zoned commercial.
Can I rezone this to residential so I don’t have to put in water and sewer?
Asked on April 3, 2018 under Real Estate Law, Wyoming
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You have no inherent right to rezone the lots, regardless of how small your town is or where the lots are or how many you bought. You have to go through the process (e.g. council hearings) to get it rezoned, and if the council refuses to rezone it, your only options are:
1) Sue the town, and try to prove that they are not following their own procedures or are acting due to some improper motive outside their responsibilities and authority (e.g. out of some personal disagreement or dispute with you): this can be a very expensive undertaking, and is not certain to work, since IF they are acting out of legitimate concerns (e.g. relating to infrastructure, environment, municipal planning, etc., they do NOT have to rezone). A town council has considerable discretion to set zoning and to refuse to zone for proper reasons affecting or benefiting the town as a whole.
2) Run for council yourself or support other candidates and use political means to revist this decision.
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