Land Use Litigation

When Zoning Decisions Are Contested

Zoning approvals don't always go smoothly. Variances get denied. Neighbors file opposition. Development rights are challenged after the fact. When that happens, you need litigation counsel who understands both the courtroom and the zoning code.

At Myers & Shah, our land use litigation practice draws on years of experience in federal and state courts, administrative proceedings, and government service. We represent property owners, developers, and neighbors in contested zoning matters throughout Washington, DC and Virginia.

What We Help With

• Appeals of BZA Variance and Special Exception Denials
• Challenges to Zoning Commission Decisions
• Takings and Inverse Condemnation Claims
• Neighbor Disputes Over Property Use, Setbacks, and Boundaries
• Restrictive Covenant Enforcement and Defense
• Administrative Appeals of Building Permit Denials
• Enforcement Actions by Zoning Administrators
• Injunctive Relief for Unauthorized Construction or Use
• Contested ANC and Community Opposition Proceedings

Appealing a BZA Denial

If your zoning application was denied by the DC Board of Zoning Adjustment, you have the right to appeal to the DC Court of Appeals. The appeal must be filed within 30 days of the order, and the standard of review requires showing that the BZA's decision was arbitrary, capricious, or not supported by substantial evidence. We help property owners evaluate whether an appeal is viable, prepare the record, and present the strongest possible case on review.

In Virginia, appeals from board of zoning appeals decisions follow a similar but distinct procedural path through the circuit courts. We handle these matters in both jurisdictions.

Neighbor and Community Disputes

Land use disputes between neighbors — over fences, additions, accessory structures, noise, or property use — are among the most common and most personal forms of litigation. We represent both sides: homeowners seeking to protect their property rights and neighbors challenging projects that violate zoning rules or restrictive covenants.

Our approach emphasizes early resolution when possible. Many neighbor disputes can be resolved through negotiation, mediation, or ANC engagement before they reach a courtroom. But when litigation is necessary, we bring the skill and preparation to protect our clients' interests.

Why Myers & Shah

Our litigation team brings experience from federal government service, major law firms, and contested proceedings across multiple forums. We've handled complex disputes in U.S. Tax Court, federal district and circuit courts, administrative tribunals, and state courts. That breadth of experience translates directly to land use litigation, where procedural sophistication and substantive depth both matter.