Zoning and Land Use Law

In counseling municipal boards and government bodies, Smith Legal appreciates the balance that must be struck when crafting land use regulations. At their core, zoning and land use regulations should be designed to provide needed guidance for – and when necessary restrictions upon – new developments. However, restrictions that are too onerous often prove unworkable, will lead to unnecessary litigation, can conflict with other governmental objectives, and may also unnecessarily restrict landowner’s use of their property. Careful drafting of ordinances can help avoid these conflicts and minimize potential litigation costs.

Ben has also advised cities and towns in land use enforcement litigation, zoning, and code enforcement matters, including litigation related to non-conforming uses. Ben has also represented property owners, developers, and other private entities on planning, land use, and zoning related matters, including applications seeking land use approvals as well as zoning relief. Such matters have included private developers’ municipal and state permitting and approval new commercial developments to variance requests as well as proceedings relating to the protection of wetland and other sensitive environmental habitats.