Overcome Land Use Obstacles Through An Appeal
Discovering that a governing body denied your land use aspirations can be disheartening. Alternatively, you may discover that a recent decision will adversely affect you. These conflicts can dramatically alter the timeline of a development project or prevent you from accessing the full benefits of your property.
With nearly 35 years of legal experience and a passion for land use law, we understand your position. At The Law Office of Frank Hammond LLC, developers, businesses and other clients can depend on our knowledge when seeking an appeal or defending against allegations of land use violations.
How To Seek An Appeal
Overturning what the government calls a “final” land use decision, such as a variance or permit rejection, requires diligent support. We have presented many cases before local entities, the Oregon Land Use Board of Appeals (LUBA) and the Court of Appeals. In addition, we have worked at the Supreme Court level when protecting landowners from unreasonable permit conditions.
Potential arguments for a successful appeal may include:
- There is an alternative solution to comply with the core intent of the regulations, although the actual land use may differ from guidelines.
- The original decision is unconstitutional, or it violates the law, regulations, or local or statewide planning goals.
- The local government misinterpreted a law or ordinance, it lacked sufficient rationale or authority in reaching the decision, or it failed to follow the correct procedures.
Appeals, much like land use permit applications, require extensive documentation and planning. We begin the appeals process immediately in an effort to get your project or business back on track.
Defense Against Permit And Land Use Violations
If the government has alleged an overstep of your initial permit or a lack of proper permitting, we will provide adamant defense representation. As an accomplished attorney in land use law administrative litigation and alternative dispute resolution, we use our resources and skills to find effective outcomes.
Do Not Stop For Momentary Setbacks
At The Law Office of Frank Hammond LLC, our job is to find ways to enable you to use your land according to your plans. Get a consultation with us by sending an email or calling our Portland office at 503-837-3471.