Tampa Real Estate Attorney, Brian P. Battaglia, 727-420-8708
A property owner will sometimes need to seek relief with a local Board for things such as property variance or special exception. This can occur when the property owner may be developing a piece of property or a homeowner wants to make an addition to his or her home. The variance may be required if there is for example, a setback issue or height issue.
Why should you consult with a real estate attorney?
In my experience, I have always found it wise for the property owner to consult with an attorney before filing the application or to hire counsel to attend the hearing. The hearing can at times involve the presentation of evidence before the board, and cross-examination of witnesses. These types of hearings are sometimes considered quasi-judicial hearings. At other times, the hearings are considered administrative. The type of hearing will govern the evidentiary standards that will be applied by the board, and on any appeal of the decision.
I have found that each board, depending on the governmental agency involved, usually has its own distinct rules of procedure and limitations on the amount of time that will be allowed for each party to present their case. It is very important that you become very familiar with the rules that will be applied in your case. You only have one opportunity to present your case to the Board, so it is important to be prepared. A failure to follow the rules of procedure could adversely affect your case before the board, or later if the matter is appealed.
If there is a decision in your favor, the board or even an intervenor can potentially appeal the decision. In such event, it is important that you consult with counsel, in that the appeal process is very complicated and there are strict time limits, which if not complied with, can result in your losing your appeal rights. Brian Battaglia has significant experience in Land Use, Zoning and Real Estate Litigation matters, including appeals. To speak to a Brian Battaglia, Tampa Real Estate Attorney call 727-420-8708 to have your questions answered.
PLEASE NOTE: This article does not constitute the giving of legal advice but is for educational purposes only. A lawyer should be consulted for your specific legal problem or issue.