Can I Challenge the Constitutionality of a Zoning Ordinance?In order to have standing to challenge a zoning ordinance in court, you must show that your rights as a property owner are being sufficiently infringed upon and that you have suffered an undue hardship as a result.
If you want to challenge the constitutionality of a particular zoning ordinance, you can allege one of the following:
- that the ordinance is unconstitutional on its face, meaning that the restriction itself is fundamentally unfair, or
- that the ordinance is unconstitutional or discriminatory in its application, meaning that it is fair on its face, but that it is only enforced upon certain people or certain pieces of property
What Do I Need to Prove in Order to Successfully Challenge the Constitutionality of a Zoning Ordinance?As with any claim you might make on constitutional grounds, proving that a zoning ordinance is unconstitutional requires that you prove to a court that you have been denied a right that is fundamentally guaranteed to you by the U.S. Constitution.
Regardless of which challenge you are making, you will need to show that you have suffered an actual loss as a result of the ordinance. For example, if a zoning ordinance prevents you from practicing your profession in your home, you will have to demonstrate to the court that you are suffering a loss of income as a result of the restriction. Should I Consult a Property Attorney?
If you believe that you have suffered as the result of an unconstitutional zoning ordinance affecting your property, you should see an attorney with experience in property litigation. He or she will be able to preserve your constitutional rights and help you seek any remedies that may be available to you. |
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