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susanwilliams

Rezone Lawyer Threat

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I held a required neighborhood meeting to give notice for a rezone application I submitted to my County Planning Office for a change from Agricultural to Rural Residential.  This is pre-requisite to submitting a subdivide application for my land.  After the meeting, several of neighbors said they were hiring a lawyer to make me retract that application.  They said taxes would increase and we would be annexed into the city.  There is no impact on taxes, other than to me if I subdivide and I have confirmed that with the County Assessor.  We are 15 miles from the city in the middle of a farming area and the County Planning Office said annexing wouldn't be considered for many many years (we'd have to be right next to the city, all the farms in between us would have to sell their land and it's also 90% voluntary).  If the city ever reaches out here, we could be annexed even with an Agriculture zoning because no one in this subdivision farms.

 

I know that anyone can sue for anything but two Public Hearings are being by the Planning Office held to address any questions/issues.  If the County rules in my favor approving the rezone, can I still be sued?  The Planning office said this is non-impacting to the community and it should have been zoned Rural Residential in the first place.  The land was developed 20 years ago and the rules were different at that time.

 

One of the neighbors is running his business out of his residential property and storing moving trucks that come and go all week.  That's against County rules and he needs a conditional use permit.  We know he doesn't have one.  I asked the County and they said this rezone has no impact on him either, even with what he's doing but they can enforce the conditional permit at any time.  My neighbor may not be aware of this.

 

Thanks.

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First, nobody can force you to retract the application. I don't even think a court could do that.

 

Yes they could sue you but it isn't your action that would cause all the evil they think will happen it would be the act of the zoning commision so I just don't see they have a winnable claim against you.

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Please don't start new threads when there's already an existing thread about this topic.

 

 

20 minutes ago, susanwilliams said:

I know that anyone can sue for anything but two Public Hearings are being by the Planning Office held to address any questions/issues.  If the County rules in my favor approving the rezone, can I still be sued?

 

As you noted, anyone can sue anyone for anything, so I'm not sure why you're asking this question, and I assume you're not asking about the merits of a hypothetical lawsuit, the basis for which is completely unknown to us, so I'm not sure what you're intending to ask.

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2 hours ago, pg1067 said:

Please don't start new threads when there's already an existing thread about this topic I will try to adhere to this going forward.  Thanks for informing me.

 

As you noted, anyone can sue anyone for anything, so I'm not sure why you're asking this question, and I assume you're not asking about the merits of a hypothetical lawsuit, the basis for which is completely unknown to us, so I'm not sure what you're intending to ask.  PayrollHRGuy provided a response.  Thank you for posting though.

 

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2 hours ago, susanwilliams said:

I know that anyone can sue for anything but two Public Hearings are being by the Planning Office held to address any questions/issues.  If the County rules in my favor approving the rezone, can I still be sued? 

 

They could sue you, but it would be easily dismissed because they have no valid cause of action against you. They might file suit against the county to contest the approval if they believe the approval was flawed in some manner. When they consult their lawyers they'll likely find out that their best shot is at convincing the county to reject your application during the administrative approval process.

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