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Zoning Litigation: Variances

Eastern Massachusetts Variance Application and Appeal Attorney

When your commercial or residential legal objective requires obtaining a single variance or a combination of zoning and development permits, the Massachusetts lawyers who can help can be found at Phillips & Angley.

Protecting Your Rights in All Real Estate Matters

Based in Boston, our law firm, safeguards your interests and protects your rights in complex zoning litigation over variances. Our founding attorney, his associates and staff provide a team effort on your behalf, offering focused, formidable counsel and thoughtful, efficient solutions throughout the legal process.

Please schedule an initial consultation with our real estate attorneys today by calling 617-892-4391 or by contacting our Massachusetts law firm online.

Serving Massachusetts Landowners and Developers for More Than 25 Years

Landowners sometimes need a variance from the local zoning bylaw or ordinance in order to undertake a particular use or site certain structures on their property. This often happens when a parcel of land falls short of minimum dimensional or area requirements of the zoning code in relation to the proposed use or structure, or when the use, structure or land otherwise fail to meet other criteria found within the zoning regulations. In order to qualify for a variance, the landowner must show that his request meets certain thresholds established under both state (M.G.L. c. 40A, § 10) and local zoning laws, although the zoning board is ultimately able to use its discretion when deciding whether to grant the variance.

Challenges to Variances and Variance Denials

If your approved zoning variance is challenged by an appeal or if your application is denied, our real estate lawyers promptly review the decision of the board; the materials filed in support of your variance application; any reports or opposition material considered by the board; and relevant provisions of the zoning bylaw or ordinance of the municipality.

We carefully analyze a planning or zoning board’s findings of fact and legal conclusions, making every effort to prepare a powerful case to defend the challenge. When procedural or substantive errors arise in a board’s decision, we seek to remand the matter to the board, to correct errors that then put us in a strong position to defend the decision after remand, or to negotiate a resolution with the appealing party.

When May an Appeal be Pursued?

We also apply detailed analysis to the interests and alleged injuries of the appealing party to determine whether he or she has the required legal injury or “standing” to pursue the appeal. Where a challenge to standing is available, we can seek an immediate dismissal of the appeal without addressing the merits of the case.

With decades of experience in zoning and land use law and real estate law to inform us, our law firm is uniquely qualified to handle the appeal of your zoning variance. We make regular trial appearances before the Land Court and Superior Court, and represent clients in appeals before the Massachusetts Appeals Court, as well as administrative agencies at every level.

Contact a Boston Variance Lawyer

Our Massachusetts variance attorneys offer initial consultations and maximum availability to your questions and concerns throughout the legal process. Contact our main law office in Boston to arrange your initial consultation. Call 866-675-2109 (toll free) or complete the online inquiry form. We will respond promptly to your inquiry.