Local governments have zoning in place as a way to manage the land use of different cities and towns. Generally, these local governments want to help maintain local infrastructures and control the population geographically so that infrastructure can properly function and so that nature can be protected.
Zoning laws in Massachusetts are notoriously complicated. For example, conditional use permits that allow deviations from zoning requirements could cause a dispute, or zoning regulations that try to limit the use of private property could conflict with federal laws. If you are preparing to engage in zoning litigation, the following are some general tips to have in mind.
Make sure that early case analysis is conducted
Your lawyers will be able to hit the ground running when they have the chance to analyze the case ahead of time. It will enable them to select evidence sources and organize documents to set the case up for success.
Always keep settlement in mind
If you’re at the litigation stage, this likely means that earlier attempts to settle through alternate methods did not work out. That said, you should never discount the possibility of that happening now. Try to keep an open mind and set boundaries for what you would be willing to accept, and what you feel you need to say no to.
Stick to the facts
When you are dealing with property, it is easy to get angry, emotional or frustrated. The beauty of litigation is that it’s based purely on the law, and will require logical arguments. Preparation is crucial, and keeping a focus on the facts rather than feelings will help you to have the right frame of mind.
If you have found yourself in a zoning dispute, going through zoning litigation may be the only way for you to get the outcome that you deserve. Make sure that you take early action to understand your options.