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Real Estate & Property Law

: Law of the Land

Takings Claim Not Ripe Where ZBA Failed to Issue a Final Decision on Variance Application

By Patty Salkin

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The municipality enacted a zoning ordinance prohibiting the building of any structure more than 900-feet above sea level.   The plaintiff sought a permit to build a house at an elevation above the 900-foot limit.  The permit was denied and the plaintiff appealed to the Zoning Board of Adjustment (ZBA) requesting a variance.  After the appeal [...]

Full post as published by Law of the Land on January 28, 2010 (boomark / email).

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