Legal Question in Real Estate Law in New Jersey

zoning issues

Can a zoning officer change the zoning codes to what they want them to be. I rec'd three tickets for fences and then to find out the officer is trying to use a different code to apply to my fence. My property is an interior lot and he is trying to state my property is a corner lot because of the small curve in the road. There are NO two roads that meet to be considered a corner lot and a required 5ft setback.


Asked on 11/02/07, 4:18 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: zoning issues

If you have been cited for this violation, the answer to your question will come from the court. You raise a good point in your defense and you should be sure that your lawyer has the evidence needed to raise that point in your defense.

Even if you lose in municipal court, this is the kind of matter that lends itself to an appeal in the Superior Court.

If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

Read more
Answered on 11/05/07, 8:30 am
David Heron David C. Heron, Esq., LLC

Re: zoning issues

I would suggest you hire an attorney for your appearance at court. Ideally the attorney will obtain a copy of the tax map which will show exactly what type of lot you have.

The court will ultimately decide the zoning law however. If you represent yourself please make sure you also take photographs of the fence etc. This should help you defend this matter.

Please contact me if you need further assistance.

This post is not legal advice and does not create an attorney-client

relationship. It is a comment on the legal question posed by the

poster and should not be relied upon in any way. All readers are

advised to consult an attorney to address their specific legal

concerns. Additional facts could affect the answer given.

Read more
Answered on 11/05/07, 10:14 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey