Construction litigation is legal action that results from disputes stemming from building projects. The nature of the construction process often means that disputes are unavoidable. Because of the complexities of the construction process, litigation that comes as a result of building is also necessarily complex.
William Benner successfully represented a group of residents in Bedminster Township of Bucks County who had opposed the introduction of a commercial enterprise into their residentially-zoned community.
As sometimes happens in zoning cases, the zoning hearing board was sympathetic to the applicant granting a use variance relying on the de minimis variance doctrine as its legal foundation.
The applicant successfully argued to the zoning hearing board that his planned commercial enterprise of selling autos over the internet had little or no tangible impact on the neighborhood. The applicant could not qualify for a no-impact home based business because his business plan included storing up to five cars on the property. Feeling aggrieved, several neighbors appealed the decision to the Bucks County Court contending that the zoning hearing board improperly expanded the de minimis variance doctrine.