It takes more than mere preparation to establish use.
Getting a case in where you have to prove a vested right is always tricky because what you don’t have is establishment of the use. Essentially you have a good faith effort and investment that is reasonably expected to be in conformance with the local code provisions but were never actually finished. Some states emphasize this more and some less. Vested rights are to establish use that is under construction when zoning changes. There are common law elements to consider including policy considerations. This video review early and late vesting, as well as intent and good faith.
Garrett H. Stephenson
Schwabe, Williamson & Wyatt
- Of Counsel with Schwabe, Williamson & Wyatt
- Member of the real estate and land use practice groups
- Has significant experience in negotiations with local governments related to permit exactions, required public improvements, and eminent domain
- Represents private and public clients in a variety of land use and municipal law matters, including complex land use entitlements, regulatory due diligence, and local and state-level appeals
- Past city planner and land use planning consultant
- J.D. degree, cum laude, Lewis and Clark Law School; B.A. degree, magna cum laude, Willamette University
- Can be contacted at 503-796-2893 or [email protected]
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