Category Archive

Mistakenly-issued approvals do not bind a local zoning authority.

Distinction between legislative and administrative functions.

Mistaken characterization does not establish zoning estoppel.

Estoppel, waiver, or laches generally not available as a defense, except in exceptional circumstances.

Discusses criteria for variances.

Mere ownership or purchase of land does not constitute a substantial change in position sufficient enough to invoke zoning estoppel.

Rebutting a presumption of abandonment of a nonconforming use.

When “zoning estoppel” may be established.

Zoning estoppel only available in extraordinary circumstances.