Zoning Litigation: Challenges to Standing
Eastern Massachusetts Special Permit and Variance Appeal Attorneys
At Phillips & Angley, we recognize that filing a motion to challenge standing in a zoning appeal is often the first and best tool used to end a lawsuit that compromises our clients’ rights under a lawfully granted special permit or variance.
Please schedule an initial consultation with our zoning litigation attorneys today by calling 617-892-4391 or by contacting our Massachusetts law firm online.
What Happens if a Permit or Variance is Appealed?
All too often, approved special permits and variances are appealed by third parties, such as abutters and nearby landowners, who seek to stop a project in its tracks. But in order for these plaintiffs to ultimately pursue the merits of their zoning appeal at trial, they must first establish that they have “standing” or legal injury to bring the claim in the first instance. That is, under the Massachusetts Zoning Act, the plaintiff must suffer a harm or injury that directly results from the zoning board’s decision; a harm that must not only be a protected interest under the zoning bylaw or ordinance, but also different from the impacts to the rest of the community.
We know that many plaintiffs cannot establish standing, regardless of the merits of their zoning appeal. In order to protect our clients’ rights to move forward with their projects under a lawfully granted special permit or variance, we will often challenge the plaintiffs’ standing well before trial. Given the current status of standing case law in Massachusetts, challenges to standing have been successful for many of our clients who have had to defend a baseless appeal of their special permit or variance.
Focused, Formidable Counsel for Challenges to Standing Issues
Our skilled zoning lawyers apply careful analysis of the alleged injuries of an appealing party, in order to determine whether that party has the required legal injury or “standing” to pursue an appeal of a special permit or variance. Where a challenge to standing is available, our knowledge of zoning law and past trial experience allows us to seek an immediate dismissal of the appeal, without even addressing the merits of the case.
Our clients know that the attorneys at Phillips & Angley have a proven track record of getting zoning appeals dismissed well before the case reaches trial, all because of a challenge to plaintiff standing.
Contact a Boston Zoning Litigation Attorney
When you are faced with a zoning appeal of your variance or special permit, we are here to help — just as he has helped residential and commercial clients in Eastern Massachusetts and across the state for more than 25 years. Contact us to arrange your initial consultation. Our toll-free phone number is 866-675-2109 or you can reach us online. Your inquiry will be responded to promptly.