Skip to Main Content.

Land Use & Zoning

Comprised of litigators, real estate, environmental and administrative practitioners, our land use and zoning team is adept at guiding clients through the governmental approval process in the shortest time frame possible. We provide “soup to nuts” legal services covering every aspect of zoning and special or conditional use permits for commercial, office, industrial and residential developments. We also represent clients in zoning-related litigation, including administrative appeals and constitutional claims.

Our attorneys understand how competing interests in the so-called “zoning game” can place developers, municipalities and individual property owners at odds, resulting in further project delays. We maintain excellent relationships with builder associations, governmental agencies and planning and zoning commissions. These relationships prove instrumental to accomplishing our clients’ objectives while securing the smoothest, most expedient path to approval.

Key Contacts

A smiling person wearing a gray suit and a red dotted tie stands against a white background.
Tanner Nichols

Partner

Louisville, KY

A person with a neutral expression wearing glasses, a dark suit, a white shirt, and a purple striped tie.
Scott D. Phillips

Partner

West Chester, OH

Cincinnati, OH

Land Use & Zoning Experience Highlights
  • Counseled a large subdivision developer through contentious planning commission proceedings and prosecuted administrative appeal of the planning commission’s denial of client’s proposal to the court of common pleas.
  • Helped a client obtain final plat approval of single-family subdivision near a local airport. This required close coordination with various government agencies, including the Ohio Department of Transportation, planning commissions, airport zoning boards and the Federal Aviation Administration.
  • Advised a local church on zoning procedures and public relations strategy for a proposed multimillion-dollar expansion.
  • Prosecuted a 42 U.S.C. § 1983 action on behalf of a developer, where a county overcharged the developer $1 million for tap-in fees. We obtained a settlement for 90% of the claimed amount.
  • Represented a village in numerous zoning and land use disputes, including a publicized action brought by the ACLU over an ordinance that restricted the display of political signs.
  • Secured a rezoning for a college’s large-scale athletic development.
  • Obtained a variance on behalf of a hospital to expand auxiliary services.
  • Prevailed an action regarding zoning of a shopping mall. The shopping mall required a variance to renovate and expand. After the variance was granted, a tenant sued the shopping mall based on the granted variance. The lawsuit was settled favorably for the shopping mall and the variance remained intact.
  • Represented industry-leading national steel manufacturer in all aspects of zoning- and environmental-related permit approval process and ongoing regulatory compliance.
  • Obtained a declaratory judgment against a national mining company, thereby prohibiting the installation of mine on proposed land.
  • Litigated, from trial through appeal, a watershed tax increment financing case on behalf of local government client.
  • Performed zoning-related due diligence work for multiple potential purchases of complex commercial and industrial properties.
  • Researched and drafted zoning code revisions and complete overhauls for numerous local government clients, both urban and rural in size.
  • Successfully defended multiple local government clients against highly publicized zoning permit denials involving alleged violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA).
  • Prosecuted and defended eminent domain actions.

Related Insights

Aerial view of a large suburban housing subdivision located just south of Houston Texas shot from an altitude of about 800 feet during a helicopter photo flight.
FBT Gibbons Partner Brad Butler Quoted by Multi-Housing News on Opportunity Zone Shifts

February 5, 2026 | In the News

Co-chair of FBT Gibbons’ multifamily housing team, Brad Butler, was quoted by Multi-Housing News a...

Opportunity Zones: Capitalizing on this Tax-Advantaged Investment Program

February 5, 2026 | Publications

What Is an Opportunity Zone? Opportunity Zones (or OZs) are designated communities across America wh...

Business person walking in a urban building
Invest: Nashville Leadership Summit

March 5, 2026 | Sponsored Event

Commercial Leasing in Ohio: The Case for Strict Compliance

January 28, 2026 | Publications

Navigating commercial leasing in Ohio requires more than good intentions—it demands precision. Und...

Interesting reflection and lines formed by two modern glass architecture.
FBT Gibbons Represents Bijou Properties in $40 Million Construction Loan

January 26, 2026 | Experience

FBT Gibbons is representing Bijou Properties in a matter that could bring an 89-unit luxury apartmen...

Two coworkers walking and discussing their tasks while surrounded by solar panels.
Court of Appeals Confirms Procedure for Securing Right-to-Farm Exemption from Local Zoning for Agrivoltaics Projects

November 11, 2025 | Publications

The Kentucky Court of Appeals recently ruled in favor of Frost Brown Todd (FBT) and its client, Ston...

Frost Brown Todd Deepens Commercial Finance and Real Estate Capabilities with Addition of Beth Freemal as Partner

October 28, 2025 | Press Releases

Beth Freemal has joined Frost Brown Todd’s Cincinnati office as a partner in the Real Estate pract...

A stunning view of historic residential buildings in Berlin, Germany, showcasing classical architecture on a clear day.
OBBBA and New Construction: What You Need to Know

October 24, 2025 | In the News

Key considerations for housing developers in light of the revised tax code Our country is facing a h...

Investors use laptops to analyze stock market, investment strategies. and business growth analysis, investing in companies with long-term competitive advantages, against the backdrop of the city.
100% Bonus Depreciation is Back for Apartment Executives

October 2, 2025 | Finance Industry Blogs

Economic uncertainty over the past few years, whether from inflation concerns or interest rate level...

Handshake between business professionals finalizing a commercial real estate lending agreement involving carveouts, mortgage terms, and recourse liability.
Transfer Provisions and Emerging Trends in Commercial Real Estate Carveouts

September 9, 2025 | Publications

As mentioned in the inaugural post of The Carveout, non-recourse loans will include a non-recourse c...

Stay ahead of the law.

Subscribe to receive email updates and choose your topics.