Local property owner, denied a rezone from single to multi-family on in-town parcel, held a "haunted house", in defiance of local zoning authority.
City sought "injunctive relief" under zoning authority (operating business in residential zone) to try to stop him. Local court, hearing property owner's evidence of inconsistent zoning enforcement by city, denied city's injuction.
City appealed, lost, appealed all the way to state Supreme Court. By this time it was May. Court threw it out as "moot", since Halloween was long past and activity no longer under way. Dissenters on court thought mootness did not apply, since Halloween comes back every year, and argued that court's refusal to hear the case left City no recourse if the event recurred the following year.
The following year the owner did nothing.
This year owner told me (now in charge of building inspection and zoning) that he would do it again and City could not stop him.
I told him building code does apply, as well as zoning, and to bring me written proposal if he wants do this Kosher.
No reply, and I'm told his crews are working in stealth mode to hold event again, but only one night, which will be Halloween.
I plan to wait, and if event happens, to cite him for failure to permit, since the zoning application has been struck down, apparently forever.
Question: Has anyone here been able to enforce building codes while ignoring zoning?
Has anyone here had to deal with this kind of defiance?
City sought "injunctive relief" under zoning authority (operating business in residential zone) to try to stop him. Local court, hearing property owner's evidence of inconsistent zoning enforcement by city, denied city's injuction.
City appealed, lost, appealed all the way to state Supreme Court. By this time it was May. Court threw it out as "moot", since Halloween was long past and activity no longer under way. Dissenters on court thought mootness did not apply, since Halloween comes back every year, and argued that court's refusal to hear the case left City no recourse if the event recurred the following year.
The following year the owner did nothing.
This year owner told me (now in charge of building inspection and zoning) that he would do it again and City could not stop him.
I told him building code does apply, as well as zoning, and to bring me written proposal if he wants do this Kosher.
No reply, and I'm told his crews are working in stealth mode to hold event again, but only one night, which will be Halloween.
I plan to wait, and if event happens, to cite him for failure to permit, since the zoning application has been struck down, apparently forever.
Question: Has anyone here been able to enforce building codes while ignoring zoning?
Has anyone here had to deal with this kind of defiance?