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CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10244
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I bought an 13 acre property in New Jersey to build a small

Customer Question

I bought an 13 acre property in New Jersey to build a small dog kennel of 10 to 15 dogs I am into showing Rottweilers - there were no rules in how many pets should someone have in a property - after a few complains from a neighbour I heard that they are trying to change the laws (it's a small town ) they also told me that I will be grandfathered in with the dogs that I have but I cannot replace them or bring new dogs - I feel that this is not grandfathered in- for me grandfathered in is to be able to have the same laws as when I bought the property - since I already invested over $80000 for my hobby - do I have a chance of winning something like this if I go to court ?
Submitted: 1 year ago.
Category: Business Law
Expert:  CalAttorney2 replied 1 year ago.
Unfortunately, I am not sure what exactly they are planning on passing for a law, so I cannot tell you whether it is going to be enforceable or not (local ordinances can run the gamut from being overly restrictive and unenforceable for a variety of reasons to be enforceable and legitimate restrictions, even though they restrain trade or use of property for current owners, depending on how they are drafted, so the specific language and statutory scheme is going to make a lot of difference once it is actually passed (assuming it happens).The term "grandfathered" is often misunderstood. "Grandfathering" really only works if the statute or code itself provides for an exception for preexisting conditions. The scope of the grandfather clause is going to be spelled out in the clause and it can be very broad or very narrow. What this means is that some clauses permit a use to continue on land as long as it is not changed (for example "no property in this county shall be used for the production of liquor unless it already has a working still" - this means that if the property had a working still at the time the ordinance passed, it can produce liquor until the end of time). Other clauses are narrower (for example: "all water heaters shall be double strapped, except for homes built before 1975, unless the water heater is replaced or they are 50% or greater remodeled" - this grandfather clause allows older homes to escape the rule, unless the do work on the property). Finally, there are clauses that resemble the one you describe ("No property shall have more than 10 animals, except those having more than 10 at the time of this signing, at which point they cannot replace those animals to greater than 10" - this is sometimes called a "sunset" on the grandfather clause).