Springfield, PA asked in Agricultural Law and Land Use & Zoning for New Jersey

Q: The head of the EHT Zoning Board drove onto our neighbor's property without prior notice. She observed we have a chicken

coop. That same night at a variance hearing for the property she drove onto, she asked another neighbor if the coop she saw was his. He said no. When I testified that I was against the neighbor's variance, I said the coop was mine. We then received a notice of violation for having the coop.

1. Was this board member within her legal rights to come onto the neighbor's land (without prior notice), observe our coop, and then ask about it at the hearing?

2. Assuming she was not, isn't her knowledge of our coop "fruit of the poisoned tree" and therefore cannot be used against us?

Yes we have been issued a zoning violation and their "remedy" is for us to get rid of the animals within the next 30 days or apply for a variance (which I am doing).

1 Lawyer Answer
Morris Leo Greb
Morris Leo Greb
  • Real Estate Law Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

A: A ZBOA member may not enter a person's property without permission, The applicant may have given permission as part of the application process. You did nor state whether the zoning officer has issued to you a notice of zoning violation and a demand to cure.

1 user found this answer helpful

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