Right? And thanks. I am looking forward to Monday, and may have even gotten a few other people interested in the goings on at the board meetings.
I am concerned about many parts of this law, but the get-the-neighbors-permission is enraging. The board members seem hell bent on putting it in their pretty law, but AI says this:
- Neighbor Approval Requirement – Potential Due Process Violation
Legal Concern: The ordinance delegates permit approval to neighbors rather than a zoning board or government official. If a single neighbor objects, the permit is denied.
Potential Challenge: Courts have ruled that neighbor consent laws can violate due process if they grant an individual veto power over another person’s lawful use of their property.
Example Case: In Eubank v. City of Richmond (1912), the U.S. Supreme Court struck down a law that let neighbors decide whether a building permit could be granted.
Possible Legal Argument: Applicants are denied a fair and impartial permitting process because their ability to keep chickens is subject to personal opinions rather than objective standards.