Commercial business in a residential area. Please advise.

[hidden]

Meeting closed to the public does that mean the person filing for variance also?

I live in NYS
The zoning board stated at the last months meeting that the March 16 meeting would be closed to the public.When I went to the meeting just to see what was happening I was told that the meeting was canceled until next month because the person filing for the variance had a operation that day and could not attend the meeting. Is the person filing for the variance consider part of the public and need to be their for the decision.

 

[hidden]

We Won Variance Denied Thank All For Helping Me

I Live In Nys
We Won!!! The Variance Was Denied. Thank All Of You For Taking The Time To Help Me.

 

[hidden]

Business still operating they will not close. What next?

I live in NYS. The business is still operating, they have not closed yet. They are looking for a way to continue operations by a appeal or applying for a new variance.

What can I do next? Can I still file a TRO???

 

[hidden]

Code enforcement seem's to be on business's side. What are my options now?

I live in NY
I went to the town code enforcement office to see why the business was still in operation. I was told the business owner met with him to find out her options so she could continue to run her business. He told her she could appeal, file for a new variance or connect the garage to her house (home in your residence business's are allowed). He instructed her to go talk to the town attorney because he know the legal in's and out's.What legal options do I have now??

 

[hidden]

The business is appealing the boards decision.How much time do they have to appeal?

I live in NYS.The variance was denied. The business is appealing the zoning board decision. How much time after the decision do they have to file and appeal?

 

[hidden]

Help!Variance denied, business will not move. Lawyer want $10,000 start to sue.

I live in NY,The appeal for the variance was denied. Business refused to move. Town gave business a summons to appear in court.They will appear next week. I was told that the business wants a jury to decide.The town attorney is advising the business. What can I do in the meantime to fight back. I talked to a lawyer about suing all concerened and they want $10,000 down to start case and about $700.00 an hour after that. Please help.

 

[Ozark_Sophist]

Wouldn't it be a conflict of interest for the city/town attorney to advise the business owner? The appeal would be buisness v. town and one would figure town attorney would defend the town.

Not an attorney -- just curious.

 

[kayak99]

The town attorney is advising the business. What can I do in the meantime to fight back.

That would be a conflict of interest and you should contact your council person to clarify whether the solicitor is really advising as to municipal law or offering legal advice to the business. I doubt that attorney or his firm will try to represent them in court.

If ithe attorney is advising both you can file an ethics complaint with the state and complain to your council. (If it appears he or she is doing so, you can always bring it up at a pubilc council meeting. That in and of itself can cause some waves.)

Keep active in the situation but I suggest you also let the municipality spend their money now rather than you hiring someone. I doubt the court will over-ride the zoning board. and remember the business is paying high legals fees themselves. At some point it may become too expensive for them to proceed.

Where is the press in all of this? Surely they are reporting the issue.

 

[hidden]

Court date was adjourned no new date set.

I live in NYS. The business's court date was adjourned. No new date has been set. I was told attorneys are talking. I am banging my head against the wall no one is listening.I called our councilman and she said that the case is in the court system.I called the newspaper when the meeting for the variance was being held. No one came.I wrote to the town supervisor and town board, no response. During the meeting for the variance the town attorney before the meeting referred to the business owner as his buddy.The town attorney has a private practice at the meeting someone from his firm was adviser to the business owner.No one at the town office will give me any info. Variance was denied in May the business is still operating. I was told I could file an TRO but I have no idea how to do that.