Planning and Zoning Nightmare

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Planning and Zoning Nightmare

I’m having a battle trying to work with planning and zoning regarding a storage unit I purchased that they call a

Asked on February 8, 2017 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It all depends on what the zoning and building ordinances state: zoning, etc. laws can give the municipality or county extradordinarily broad and intrusive authority over your property--but it is only the authority conveyed by the ordinances. If they try to go beyond what the ordinances authorize, they lack power and cannot do that.
If you believe they are exceeding their authority, your recourse would be to sue the municipality and let a county court judge decide what they can and cannot do under their ordinances. A judge will interpret the ordinances and apply them to this situation. This can be a difficult thing to do--it is much more complex a case than, say, filing a small claims matter over an unpaid bill or fender bender--and you are advised to retain an attorney to help you.


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