the lawyer acting in his capacity as chair of the zba in my town swayed the board to grant a variance to a cell tower developer to construct a 180' tower in a residential zone. The lawyer was employed by a firm very active in representing tower companies trying to push their way into this area. he gave the board members information pertaining to legal issues associated with the siting of towers before the meeting . the information was biased toward allowing a variance for fear of legal action against the town. when i got an attorney involved ( at the hearing for a rehearing) he told the board that my attorney was incorrect in his assessment of the law. it was ultimately disclosed that the chairman had a conflict of interest and he stepped down. i did get a new hearing because of his misdeed however i did not get a new board and had to spend over $50,000.00 to reeducate them and protect my land.
2007-12-13 02:20:52 · 2 answers · asked by pippy 1 in Politics & Government ➔ Law & Ethics
There is an OUTSIDE chance of suing the board for some type of negligence. The lawyer acting as board chairman is protected - despite the conflict of interests - from individual liability because at the time he was acting under color of authority.
I would be likely to consult a lawyer familiar with suits against the local government and pay a small consultation fee to find out if there is any reasonable chance of recovering anything.
2007-12-13 02:34:24 · answer #1 · answered by The_Doc_Man 7 · 0⤊ 0⤋
At the very least you can file a complaint with board (law association) of your state that oversees the activities of lawyers.
2007-12-13 02:26:06 · answer #2 · answered by Lou 6 · 0⤊ 0⤋