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Thread: Time limit to file an appeal?

  1. #1
    Cyburbian michaelskis's avatar
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    Time limit to file an appeal?

    Do you have a time limit from the date a decision is issued for an aggrieved party to file for an appeal to your Zoning Board of Appeals? We have a case where a person is looking to file an appeal on a permit issued 2 years ago on the neighbors property. I can’t find anything in our ZO regarding a time limit.
    "A long habit of not thinking a thing wrong, gives it a superficial appearance of being right, and raises at first a formidable outcry in defense of custom. Time makes more converts than reason." - Thomas Paine Common Sense.

  2. #2
    Cyburbian Raf's avatar
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    Quote Originally posted by michaelskis View post
    Do you have a time limit from the date a decision is issued for an aggrieved party to file for an appeal to your Zoning Board of Appeals? We have a case where a person is looking to file an appeal on a permit issued 2 years ago on the neighbors property. I can’t find anything in our ZO regarding a time limit.
    Yup. 14 calendar days. If you can't find it in the ZO, check with an attorney. There typically is a statue of limitations, even at a state level that may be applied. Check with your zoning enabling laws.
    follow me on the twitter @rcplans

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    Cyburbian otterpop's avatar
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    In our jurisdicition, an aggrieved party has 15 days from the day of the decision to file an appeal.
    "I am very good at reading women, but I get into trouble for using the Braille method."

    ~ Otterpop ~

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    Cyburbian michaelskis's avatar
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    I just found it in this communities ZO, in a very confusing place. It says 21 days, but I need to confirm with the City Attorney that it covers the entire ZO and not just the this section of the ZO as the wording is general.

    Our state law does provide a standard to go to the ZBA, but they do to appeal the ZBA decision to the Circuit Court and when that clock starts.
    "A long habit of not thinking a thing wrong, gives it a superficial appearance of being right, and raises at first a formidable outcry in defense of custom. Time makes more converts than reason." - Thomas Paine Common Sense.

  5. #5
    In Indiana, an aggrieved party has 30 days from the date of decision.
    Je suis Charlie

  6. #6
    Cyburbian dw914er's avatar
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    10 day appeal period unless specified otherwise. I agree with what Raf said.. besides, it would be ridiculous to appeal a decision years after the fact.
    And that concludes staff’s presentation...

  7. #7
    Cyburbian Richmond Jake's avatar
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    By Code, we have a 10 business day appeal period. If it's an administrative determination or planning commission decision, it goes to the Board. After that, the Courts.
    Annoyingly insensitive

  8. #8
    Cyburbian mike gurnee's avatar
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    Every place I have been we used 30 days. That time frame is found in statutes, at least implicitly. If the statutes are clear that you have 30 days to appeal a BZA decision to court, we always apply that to other situations. Attorneys agree. I have had discussions of just when the final decision is made. After the BZA vote? When a person gets written notice of the decision? Or after the minutes are approved? I usually go with the vote.However, if in court you need the minutes as part of the record. If one appeals a staff decision, say a building permit was approved and a neighbor disagrees, could the permit owner just wait for expiration of the appeal period before start of construction?

    Or am I thinking too much?

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