General

Courts finally put 8-year construction dispute to rest

When a company announces plans to open up a business in a particular location, the hope is that residents and other businesses in the area welcome the addition. Or, at the very least, hopefully they don’t object to it.

If this happens and a person or group takes issue with the business, this could lead to serious construction disputes that cause costly – and lengthy – delays. For instance, one company was embroiled in this very type of dispute for nearly eight years before a court finally put the issue to rest.

According to reports, the owners of a funeral home in another state announced plans to open a third location. However, the location was in a residential, rural area and was zoned as such.

The owners applied for a conditional use, which allows a property owner to use property for purposes other than those for which it has been zoned. They were granted conditional use, clearing a major obstacle.

However, a group of residents also filed a petition challenging the placement of the funeral home. The group argued that there were two major concerns with the decision to grand conditional use. First, they stated that it violated environmental regulations. Second, they claimed it was culturally insensitive to the residents.

Courts reviewed the plans and found that there were no violations regarding the property’s proximity to a stream buffer. They also determined that zoning laws do not pertain to cultural sensitivities of property, and that the outward appearance of the property would not negatively impact neighbors. This allowed the project to continue.

This case is just one example that highlights the challenges facing business owners, developers and others who have a stake in commercial construction projects. When disputes arise, they can take a long time to resolve and there can be multiple parties and issues involved.

If you are facing similar obstacles involving construction projects, you don’t have to navigate these complicated situations alone. You can work with an attorney who can help you identify possible solutions and seek a fair resolution.

Tue Aug 28, 8:46pm