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When real estate disputes head for appeals courts

Any number of obstacles can arise when California property owners haggle over real estate issues, such as property lines, zoning or other matters. A company is asking the highest court in another state to overturn a lower court ruling regarding real estate disputes between county officials and a developer. The issue involves a large parcel of land the company wants to turn into a rock quarry. The county in question passed a zoning ordinance about six years ago, limiting the zoning of industrial land for use as a rock quarry within the county to just 71 acres. Needing about 100 acres for its project, the company sought a variance, which was denied. 

The company accused the county of using legislation to prohibit the possibility of a rock quarry within the county. It claims the county is unfairly denying a permitted use of the land in question. The county was adamantly opposed to the idea of a quarry, saying it would take away from the historic charm of the town. 

The county denied the variance request upon the ground that more than the allotted 71 acres would be involved. A Tennessee appeals court ruled that the county was indeed acting within the law to deny the company use of the land for a quarry. The company is now asking the Tennessee Supreme Court to agree to consider the case. 

It remains to be seen whether the Tennessee Supreme Court will agree to hear the appeal. An aggressive approach is often needed to obtain successful results in situations like this one. Those in California who wish to resolve real estate disputes as swiftly and cost effectively as possible can turn to experienced real estate law attorneys for guidance.

Source: tennessean.com, "Sumner County rock quarry dispute headed to state'' Supreme Court", Getahn Ward, Aug. 2, 2017

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