To Ray Re: Rentals in a college town - Posted by Frank

Posted by ray@lcorn on September 04, 2003 at 08:36:18:


Most zoning ordinances grandfather existing uses until the use ceases. Further, most localities that are getting serious about tightening their land use ordinances usually do so with the advice of their own counsel.

If you find yourself in land-use litigation, then the strategy should be designed by your attorney. Bringing renters into court may or may not help the particular case. That’s a decision that can only be made by the attorney involved.


To Ray Re: Rentals in a college town - Posted by Frank

Posted by Frank on September 02, 2003 at 12:23:34:

I used to live in a college town with similar zoning to that described in the previous thread. You suggested talking to an attorney and asking whether the town’s actions rise to the level of a “taking”.

I have another angle I’ve never heard mentioned anywhere, so I’ll bring it up here. A leasehold is property: renters have property rights. I would suggest that in cases where zoning is made more restrictive over time, an argument might be made that the increased restrictions may amount to a “taking” of renters’ property rights. So how about bringing in some renters when going to court? I don’t see how it could hurt.