How do we lease when zoning doesn’t allow it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do we lease when zoning doesn’t allow it?
We are a small school that found a new site but they aren’t zoned for school.
Can we call ourselves something else instead of a school and is it a good idea?
Asked on May 6, 2016 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, you can't just "call" yourself something other than a school, and trying to do so would be a very bad idea. What you call a land use is irrelevant: the law looks past the title or name at the reality of what you are doing. If you are a school, it doesn't matter if you call yourself a caterer or a consulting business: you are still a school. Your use will be banned; if you were able to start operations before they found you out, you will be forced to discontinue; and since you lied to the government in your application and in registering your use, you could potentially face criminal liability, too.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.