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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110547
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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QuikTrip company has bought home in my neighborhood and plans

Customer Question

QuikTrip company has bought home in my neighborhood and plans on tearing them down to build a store. The neighborhood is against it but the city council has voted in favor of the rezoning of the property, and the closure of some street. The traffic study shows the area already has more traffic than it should, the city staff report states that it is not consistent with the city plan and would be bad for the neighborhood, the planning commission voted no, but city council still said yes. Can we file a law suit to stop this?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that zoning and use is up to the zoning/planning commission and can only be appealed to the court upon proof the action of the planning commission violated the law, was obtained by fraud or would cause some actual safety hazard. You would need an attorney to file suit, but in reality unless some law was broken or some fraud was involved, most of these suits are not successful and they are filed primarily to get concessions from the builder to make some changes to make the project more palatable to the neighbors more than anything else.

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