Thursday, 3 April 2014

Ocean city NJ, in zoning regulations, forcing me to sod and put in sprinkler system. Is this goverment intrusion or do I hav to completely c...

Question

Ocean city NJ, in zoning regulations, forcing me to sod and put in sprinkler system. Is this goverment intrusion or do I hav to completely comply?



Answer

Municipalities frequently make rules that exceed their authority. This appears to be one of those instances. However, to enforce your rights may be more difficult and costly than compliance. To start, your lawyer would have to research the legislation and regulations that are the basis of the alleged offense to see whether they have support in the case law. Then, you would have to ignore the order causing a violation that could be contested in court. The municipal judge is not likely to rule in your favor, so the matter will have to go to the Superior Court and then through whatever appeals are necessary just to (perhaps) win your point? So, the practical question is how much you want to spend to win. The business question is how much does winning save compared with the cost of compliance?

See also: http://info.corbettlaw.net/lawguru.htm



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