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On December 3, 2024, the United States District Court for the Eastern District of Texas issued a Memorandum Opinion and Order prohibiting th...
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We are trying to make zoning ordinance amendments related to our overall zoning scheme. However, we have someone who has filed an application and it is being reviewed for administrative completeness related to a section of the Zoning Ordinance currently under review? Do we need to grandfather this application?
No. We receive similar questions like this from clients often. An individual has no property right in a specific zoning ordinance land use classification. This same principle holds true for text in the zoning ordinance itself. In addition, the filing of an application does not then create a property right. Thus, even while an application is pending, a local unit can change it is zoning text. While it may create practical implications, such as the applicant filing suit or being required to amend the current application, courts have been clear that no property right exists. See Moskovic v. City of New Buffalo (Sixth Circuit 2023).
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Request a ConsultationAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.
