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Neighbors appeal renting of private home to ZBA Board.

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#1 standup4rights


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Posted 24 August 2012 - 02:50 PM

Is it proper for a small town municipality Zoning Board of Appeals members to:
a.) Hear neighbors complain about a homeowner renting his private home (which is allowed under the town code & ordinance)?
b.) Have the ZBA vote 3-3 (a tie vote goes in favor of the homeowner; one ZBA member recused himself) only to have the ZBA immediately revote under a new resolution (once the meeting room had been cleared) and overturn the Zoning Administrator's determination which states that a homeowner is allowed to rent his private residence?
(I believe there was coercion relative to the 2nd revote and a clear indication that since the 1st vote didn't get the predetermined result they were seeking, the 2nd vote was necessary)

I understand I can file an Article 78, but question whether this is the appropriate legal direction to take, especially if the ZBA vote is unlawful and therefore null & void.

#2 Tax_Counsel


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Posted 24 August 2012 - 09:01 PM

Not knowing in what state an municipality this is taking place, it is impossible to comment on whether the Board's actions were proper, as that depends very much on the applicable state laws and local ordinances. I suggest the homeowner consult a local attorney.

#3 Guest_FindLaw_Amir_*

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Posted 29 August 2012 - 01:54 PM

I agree with the previous poster, the homeowner may want to consult with a local Real Estate Lawyer to address this issue.

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