Can I sue the county for changing the zoning of adjacent property to commercial?

Asked over 1 year ago - New Port Richey, FL

A new chemical feed facility is being build adjacent to my property line, with a storage tank of 1100 gallons of sodium hypochloride only 5 feet from my property line. I called OSHA...they told me...I will be gone if it leaks or spills, my house is now worthless and unsafe. EPA says zoning gave them permission to place this tank so close, which needs to be much further from what I read. even OSHA says a 50 foot evacuation is needed if it over flows or leaks. no one will save my pets if I am not home, this is no way to live.

Attorney answers (7)

  1. Heather Morcroft

    Contributor Level 20

    6

    Lawyers agree

    Answered . Normally there is a procedure through which zoning is changed, and you would need to object pursuant to that procedure. If that procedure was not properly followed, you might have something. A land use and zoning attorney will hopefully give you some more guidance, but I suspect you will have to visit such an attorney and provide specifics in order to get a definitive answer.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
  2. Barbara Billiot Stage

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . There are several good land use/zoning attorneys in your area. You should hire one as soon as possible. If there was something done improperly by the company building the facility you may have a cause of action against them for that or for maintaining a nuisance. The fact that you were there first helps and just because they received a zoning change and permits does not shield them from all liability.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult... more
  3. Byron David Flagg

    Contributor Level 11

    4

    Lawyers agree

    Answered . Zoning changes are usually legislative decisions made by a local government that can not be challenged by a law suit after the fact. However, if the decision to zone this property constitutes "spot zoning" or "reverse spot zoning" in this case, you may have a legal argument but you need a land use attorney to study the situation in greater detail. Beyond that, this sounds like a really dangerous situation. You forgot to fill us in about how your property is zoned, and how you use it. It sounds like you actually reside on the property with pets. Even if you are not able to stop what has already happened, you should consult an attorney or do some research yourself on environmental claims, and property related claims (like "nuisance claims") that you should know about to protect yourself and your land in the future. Below, I have copied some links with basic information. For legal advice, you need to consult with an attorney.

    I am licensed to practice law in the State of Florida only. My answers on Avvo.com are intended only to provide... more
  4. Ryan Vancil Esq

    Contributor Level 13

    4

    Lawyers agree

    Answered . You may or may not have the ability to challenge the project based on zoning at this point. If the project was permitted and the statute of limitations for your ability to appeal the project permit has run out then you may not be able to appeal. That all depends on your local and state rules. Even if the zoning challenge is not viable you may have other claims such as inverse condemnation that could still be brought. You will need to consult with a local Florida attorney with experience in land use to know your exact rights.

  5. Clifford M. Miller

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . It sounds like a private nuisance to me. Hire a lawyer and sue for injuctive relief.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  6. Brandy Ann Peeples

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . If you failed to challenge the zoning during the re-zoning process, you may have lost your ability to do so. Contact a local attorney in your area.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  7. Konstantin Parkhomenko

    Contributor Level 10

    2

    Lawyers agree

    Answered . No, you cannot. There might be other causes of action in there, however -- talk to an environmental attorney in your area.

    My answers to the questions are for general informational purposes only and do not establish an attorney-client... more

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