Handling Zoning and Land Use Disputes

 

Our lawyers help protect your rights to use and enjoy your property

Zoning and land use codes can be complicated but can have a huge impact on the value and usability of property. When a municipality’s interpretation or application of its zoning code prevents your business from using its property in the manner it intended, zoning litigation may become necessary. At Coolidge Wall, our attorneys thoroughly understand zoning law and have experience practicing before zoning boards and other administrative bodies. We use that experience to present your case compellingly before administrative boards, councils and in court, if necessary.

Zoning and land use issues in Ohio

Ohio zoning law requires each municipality within the state to create a zoning code that defines how property within its borders is to be used. These local zoning codes can regulate various aspects of land use:

  • Type of use (i.e., residential, industrial, commercial)
  • Building dimensions
  • Setback requirements
  • Noise and light restrictions
  • Traffic restrictions

Understanding these laws and the limitations they create is a crucial step in the process of buying commercial property. When your use or intended use of property does not conform to the applicable zoning code, you may need to obtain a variance or to challenge the legality of the ordinance. Obtaining a variance can be a complex process that can require one or more hearings before the local zoning authority and public comment on the issue.

When land use code litigation becomes necessary

The grant or denial of a variance can lead to litigation initiated either by the landowner whose variance request was denied or by nearby landowners who feel the granting of a variance adversely affects their property rights. Zoning code litigation can involve complex issues of standing, administrative and state constitutional law and requires a thorough understanding of the applicable local zoning code, including the Ohio zoning law. Regardless of what side of this issue you or your business is on, fighting a zoning code dispute either before the zoning board or in court requires the assistance of competent and experienced litigation attorneys.


Coolidge Wall can help you effectively address land use issues

Our attorneys have effectively represented property owners on both sides of zoning code litigation. Call us today at 937.223.8177 or contact us online to learn what we can do to assist you.
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