Land Use & Zoning

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.