How do citizen’s fight an appeal to a land variance in Superior Court?
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How do citizen’s fight an appeal to a land variance in Superior Court?
The parcel of land next to my subdivision requested a huge variance change and this effects our properties if given the variance. The local planning and zoning board denied the request and agree with the citizens that a warehouse should not be built on it. The real estate group now has put in an appeal to this decision with the county superior court. What steps or actions can we take to uphold the local board decision?
Asked on September 10, 2019 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It's for the planning and zoning board to fight this, since it is their decision being appealled--you want to push the board to defend their decision and support them in doing so.
The board defends its decision by refuting the arguments for its overturning, showing that the decision was well-considered and complied with all procedural rules, and providing legal "authority" or "precedent" (e.g. cases) supporting the board's discretion and their decision should be upheld. The board must hire a lawyer to represent it (or if any board members are attorneys, they can present the board)--the lawyer(s) should know how to do this (if they don't, hire other lawyers).
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