Land Use and Zoning

In today's economy, land development has become a booming business. Residential and commercial real estate developments and public improvements now move at a rapid pace, often placing developers, municipalities and individual owners at odds over various development matters.

Frost Brown Todd provides counsel and legal representation for these development matters through our land use and zoning practice. Comprised of litigators, real estate and environmental practitioners, the practice has a wide focus, from representing developers and owners in all necessary stages for approval of a development, to serving as zoning counsel to governmental entities.

Connections Make the Difference

Our attorneys are not only experienced in land use law and real estate litigation, they are well connected to the industry, having long-standing relationships with builder associations, government agencies and zoning and planning commissions. Those relationships are pivotal in simplifying land use and zoning matters for our clients, whether they be developers, property owners, or governments. Working in tandem with our real estate and environmental lawyers we assist a broad and diverse client base in every aspect of land use and zoning:

  • Obtaining subdivision plat approval and approval of development plans
  • Securing re-zonings, variances and special or conditional use permits
  • Litigating administrative appeals and constitutional claims
  • Advising and defending governmental entities
  • Monitoring current issues in land use law and update clients accordingly
  • Counseling developers and property owners through all aspects of the zoning process
  • Drafting and implementing updates and modifications to zoning codes

Representative Experience

 
  • Counseled large subdivision developer through contentious planning commission proceedings and prosecuted administrative appeal of the planning commission's denial of client's proposal to the court of common pleas.
  • Helped client obtain final plat approval of single-family subdivision near a local airport. This required close coordination with various government agencies, including the Ohio Department of Transportation, planning commissions, airport zoning boards, and the Federal Aviation Administration.
  • Advised local church on zoning procedures and public relations strategy for a proposed multi-million dollar expansion.
  • Prosecuted a 42 U.S.C. ยง 1983 action on behalf of a developer, where a county overcharged the developer $1,000,000 for tap-in fees. Obtained a settlement for 90% of the claimed amount.
  • Represented a village in numerous zoning and land use disputes including a publicized action brought by the ACLU over an ordinance that restricted the display of political signs.
  • Secured a rezoning for a college for a large-scale athletic development.
  • Obtained a variance on behalf of a hospital to expand auxiliary services.
  • Prevailed in action regarding zoning of a shopping mall. Shopping mall required a variance to renovate and expand. After variance was granted, a tenant sued the shopping mall based on the granted variance. The lawsuit was settled favorably for the shopping mall and the variance remained intact.

Service Area Contact(s)

  • Scott D. Phillips

    513.870.8206