Does Zoning That Increases Size of a 'Buildable' Residential Lot Constitute a Regulatory Taking of Owner's Vacant Land?
Where Lot Was Within Buildable Size Limit When Owner Purchased Property
Willis Boice et al. v. Village of Ottawa Hills et al., Case no. 2012-0413
Sixth District Court of Appeals (Lucas County)
ISSUE: When a residential lot met the minimum square-footage requirement for construction of a home at the time it was purchased by an owner, but a subsequent change in local zoning regulations renders the unimproved lot no longer large enough to build on, if the zoning authority denies the owner's request for a variance that would allow a home to be constructed on the lot, does that denial constitute a total regulatory "taking" of the property that entitles the owner to compensation by the zoning authority?