LAND USE LITIGATION: THE LAND USE LAWYER'S TOOLBOX

May, 1999

By Peter D. Cleveland with portions edited by Leslie C. Shively

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These are the varied scenarios of land use litigation. Some cases are purely prompted by unilateral, governmental action. Others involve direct application by landowners for administrative approval or relief, from building permits to variance grants. And still others involve full?9;scale civil litigation between neighbors who invoke the enforcement provisions of local ordinances as well as common law tort theories and remedies.

A. USE AND ORGANIZATION OF MATERIALS
The materials in this paper have been assembled in an effort to provide a sort of practitioner?;s handbook for consultation when a land use case presents itself. The research on any particular topic is neither exhaustive nor intended to be. The materials are organized from the practitioner?;s viewpoint:

Is my client responding to governmental action (e.g. the enactment of an ordinance)? See Part III.

Is my client proposing to initiate what will no doubt be a contested zoning case or appeal a zoning decision? See Part IV.

Or, is my client seeking redress in a civil action against a neighbor?;s offending use of land? See Part V.

As a primer for these materials, Part I provides a summary of the sources and general theories of governmental land use regulation and private civil relief.

From these materials it is the authors?; hope is that the practitioner will be able quickly to make a preliminary assessment of a particular problem, and ascertain one or more approaches and begin to develop a course of action.

May, 1999 Indiana Continuing Legal Education Seminar Presentation

GO TO MY WEBPAGE AT http://www.tharpinvest.com/law.htm FOR FULL TEXT OF SEMINAR PAPER