?前一段时间区政府为我后院的邻居做了一个听证会。邻居要求在后院做一个很大的deck，这个deck 不符合现在的city code。但是这个听证会居然也通过了他的要求，只是需要他从civil engineer 补充一下材料，说明他的工程不影响周围的排水系统。现在呢我想appeal the decision made by the Board of Adjustment on a variance. 大家有这方面的经验吗？怎么能够自己file a suit to the circuit court? 谢谢。
again I emphasis, the appeal court won't address whether your "privacy" argument is a good argument or not. What the appeal court will address is that whether the zoning board made a reasonable decision based on your argument and evidence regarding privacy issue.
If your argument/evidence about privacy issue is a strong one, having basis in local ordinance and expert opinion, then it is a good argument. Get a lawyer to help you.
If your argument about privacy is just whining and speculation, then save your time and energy.
consult a lawyer before the hearing occurred. I do think he is somewhat helpful but hasn't really got a chance to discuss with him regarding the appeal. One thing I have learned so far is a lawyer is who advices you the next step but refuses to provide his personal opinions. My feeling is he probably is able to help me with the process as long as I agree with the service fee but he wouldn't even comment on the probability of winning the appeal.
For an administrative decision, the first appeal has to be inside that government agency. Many places the decision can be appealed to Board of Zoning Appeals.
Once the board of zoning appeal made the final decision, you can appeal that to the local state court, whether it is called "circuit court" or "general district court", depends on your local court system.
So put your money down and get a lawyer. This is not fair but it is what it is. My advice is to spend the money on privacy mitigation, such as trees, shrubs and fences, instead of lawyers.
The current city code requires at least 30 feet from the rear yard. 但是邻居的这个设计离后院边界只有15 feet... the tricky part is that the existing building is 15 feet from the rear yard and the proposed deck would maintain the same setback. 对于zoning panel 来说，deck没有改变现有的距离，所以通过了。但是这个距离对于现在的规定来说是太近了。
?前一段时间区政府为我后院的邻居做了一个听证会。邻居要求在后院做一个很大的deck，这个deck 不符合现在的city code。但是这个听证会居然也通过了他的要求，只是需要他从civil engineer 补充一下材料，说明他的工程不影响周围的排水系统。现在呢我想appeal the decision made by the Board of Adjustment on a variance. 大家有这方面的经验吗？怎么能够自己file a suit to the circuit court? 谢谢。
zoning board做决定，依据的是行政程序法（administrative procedure act）。你要去推翻人家的行政决定，你要提出人家在行政程序上哪里有错误，而不是去批评对方决定如何不合理。
法院不是过家家。你要把对方告翻，先要在zoning board听证会的时候把功课做足。不要不做功课，然后再花大功夫去推翻人家的决定。这个叫做本末倒置。比如，你在听证会上，你请了专业drainage人员写报告了吗？如果你没有这样的报告，仅仅是自说自话他这个deck不好，那么你根本没有可以依靠的证据赢，
上诉法庭不是重新审查案件，而是审查下属机关有没有违反程序。zoning board回复上诉说，没有收到drainiage 不好的证据，他们的决定就是合理的。你上诉也是死路一条。
也就是说，生米煮成熟饭，想扳回很难。不是不可能，但是自己去DIY，是可笑的。
谢谢你的详细回复，其实我的主要问题在于privacy. 听证会上他们根本没有讨论这个问题，我们反复讲述了几遍，但是没有comments, suggestions or discussion. 所以我非常不爽。drainage是我和周围的邻居提出来. 因为这个问题声音大点，他们就重视一些，要求有additional civil engineering's evaluation.
again I emphasis, the appeal court won't address whether your "privacy" argument is a good argument or not. What the appeal court will address is that whether the zoning board made a reasonable decision based on your argument and evidence regarding privacy issue.
If your argument/evidence about privacy issue is a strong one, having basis in local ordinance and expert opinion, then it is a good argument. Get a lawyer to help you.
If your argument about privacy is just whining and speculation, then save your time and energy.
consult a lawyer before the hearing occurred. I do think he is somewhat helpful but hasn't really got a chance to discuss with him regarding the appeal. One thing I have learned so far is a lawyer is who advices you the next step but refuses to provide his personal opinions. My feeling is he probably is able to help me with the process as long as I agree with the service fee but he wouldn't even comment on the probability of winning the appeal.
For an administrative decision, the first appeal has to be inside that government agency. Many places the decision can be appealed to Board of Zoning Appeals.
Once the board of zoning appeal made the final decision, you can appeal that to the local state court, whether it is called "circuit court" or "general district court", depends on your local court system.
So put your money down and get a lawyer. This is not fair but it is what it is. My advice is to spend the money on privacy mitigation, such as trees, shrubs and fences, instead of lawyers.
The current city code requires at least 30 feet from the rear yard.
但是邻居的这个设计离后院边界只有15 feet... the tricky part is that the existing building is 15 feet from the rear yard and the proposed deck would maintain the same setback.
对于zoning panel 来说，deck没有改变现有的距离，所以通过了。但是这个距离对于现在的规定来说是太近了。
操作方式等等和ordinace或者规定有没有不符合规定的地方，比如通知时间符合规定吗，通知方式符合规定吗等等，找到这样的loophole可以找律师起诉。律师和律师差距很大的。如果这些操作都符合规定，还是种树栽篱笆吧。
行政程序法，里面有很多细节