Services

Land Use, Zoning, Property Law, and Property-Rights Litigation

Legal Consulting, PLLC provides strategic, high-level representation to property owners, businesses, and developers confronting Michigan land use, zoning, and property-law disputes—where governmental decisions, title and contract issues, and enforcement actions can directly affect a project’s feasibility, timeline, and long-term value. We guide clients through the full lifecycle of property matters, from pre-dispute risk assessment and entitlement strategy through litigation and appeals when a governmental action or private-party conduct threatens the client’s rights.

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Our property-rights practice is anchored by the experience of Anthony J. Bologna, the Firm’s founder, who served a combined five years in national leadership roles with the American Bar Association, including as Chair of the ABA’s Condemnation Committee and Co-Chair of the ABA’s Land Use and Zoning Section. That leadership experience informs a disciplined, record-focused approach that emphasizes precise statutory interpretation, persuasive advocacy before local boards and commissions, and courtroom-ready case development from the outset.

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Representative land use, zoning, and property-law matters include:

• Entitlement Strategy and Project Siting

  • Early-stage risk analysis, ordinance interpretation, and roadmap development to position projects for approval and reduce delay.

• Special Land Use, Variances, Rezoning, and Planned Development

  • Preparation and presentation of applications; public hearing advocacy; negotiation of conditions; and building an administrative record designed to withstand judicial review.

• Site Plan Approval, Permitting, and Development Conditions

  • Challenging unreasonable or ultra vires conditions; vested-rights arguments; interpretation of ordinance standards; and negotiating development agreements that protect the client’s operational and economic objectives.

• Zoning Interpretation, Nonconforming Uses, and Vested Rights

  • Legal opinions and litigation regarding permissible uses, legal nonconformities, amortization issues, discontinuance claims, and determinations by zoning administrators.

• Code Enforcement, Nuisance/Abatement, and Licensing Disputes

  • Defense of enforcement actions and citations; injunctive relief where necessary; and resolution strategies that prevent business interruption and protect property value.

• Administrative Appeals and Circuit Court Litigation

  • Appeals from ZBA, planning commission, and legislative-body decisions; challenges based on unlawful procedure, due process, inconsistent standards, lack of competent evidence, and arbitrary/capricious decision-making.

• Property-Rights Litigation and Constitutional Claims

  • Advocacy when governmental action substantially interferes with reasonable property use, including due process, equal protection, and regulatory-takings issues when implicated.

• Real Estate and Property Disputes

  • Litigation involving purchase agreements, leases, land contracts, easements, access and boundary disputes, restrictive covenants, quiet title actions, and claims affecting marketability and insurability of title.

• Partition, Co-Ownership, and Investor/Development Disputes

  • Disputes between co-owners, partners, and investors over control, use, expenses, distributions, and exit strategy—including court-supervised remedies where appropriate.

• Quiet Title, Title Defects, and Curative Litigation

  • Resolving clouds on title, adverse claims, recording issues, lien priority disputes, and other defects that prevent sale, financing, or development.

• Injunctions and Emergency Relief

  • Temporary restraining orders and preliminary injunction practice to halt unlawful enforcement, prevent irreparable harm, and preserve the status quo pending adjudication.

• Coordination with Technical Professionals

  • Integrated strategy with planners, engineers, architects, appraisers, environmental consultants, and traffic experts to align the technical record with the legal standard of review.

 

Eminent Domain and Condemnation 

Legal Consulting, PLLC represents property owners when government seeks to take private property or impose easements—focused on protecting property rights and maximizing just compensation. We approach condemnation matters with urgency and precision because early decisions often drive valuation outcomes and long-term project impacts.

• Pre-Suit Strategy and Negotiation

  • Evaluating the taking, the project footprint, and leverage points; negotiating to reduce scope, mitigate impacts, and improve compensation before litigation hardens positions.

• Valuation and Damages Development

  • Coordinating with qualified appraisers and specialty consultants to capture full damages, including partial-taking impacts, severance damages, access impairment, and highest-and-best-use issues.

• Necessity, Scope, and Procedural Challenges

  • Where appropriate, challenging necessity, statutory compliance, and scope—particularly when the taking exceeds project needs or disregards required process.

• Litigation, Trial Support, and Appeals

  • Building the evidentiary record, managing expert strategy, motion practice, trial advocacy, and appellate briefing where required to secure a defensible and favorable result.

 

This work is led by Anthony J. Bologna, the Firm’s founder, whose experience includes national leadership as Chair of the ABA’s Condemnation Committee and Co-Chair of the ABA’s Land Use and Zoning Section, bringing seasoned judgment and specialized perspective to high-stakes property-rights disputes.

 

Clients rely on Legal Consulting, PLLC for clear guidance, decisive advocacy, and litigation-ready execution in land use and property matters—because in zoning disputes, property litigation, and condemnation cases, outcomes are driven by preparation, credibility, and a record built to win at every level.