Challenging a local land use decision is largely an exercise in procedure, and most challenges fail on procedure rather than on the merits.
Exhaust administrative remedies. An appeal usually runs first to the zoning board of appeals, then to a court. Filing in court without exhausting is dismissed, and the exception for futility is narrow.
Deadlines. Short — commonly twenty-one to thirty days from the decision, and in some systems from the filing of the decision rather than from its announcement. They are generally jurisdictional.
Standing. A challenger must show special damages different in kind from those suffered by the community generally. Proximity, and specific impacts on use and value, are the usual proof. Generalised objection to a project is not enough.
The record. Review is on the record made below. Evidence not presented to the board is not considered, which means the objections, the expert reports and the factual submissions must be made at the hearing.
Standard of review. Whether the decision was supported by competent, material and substantial evidence on the whole record, was procedurally proper, and was within the body’s authority. Courts do not reweigh evidence.
Constitutional and statutory claims — takings, due process, religious land use, fair housing — may proceed on different tracks, with different ripeness requirements.