In a court case, a special exception is a type of objection raised by a party. It differs from a general exception, which identifies a substantive flaw in the opposing party’s pleading. A special exception is raised when a party objects to the format of the opposing party’s claim, such as due to vagueness or ambiguity. It serves as a means for the objecting party to maintain their objection for potential appeal. Attorneys may use the phrases “I except” or “I object” to indicate their exception or objection. However, in most courts, preserving the initial objection no longer requires an exception.
A special exception refers to an objection raised by a party regarding the format of the opposing party’s claim, rather than its content. This objection may be based on vagueness or ambiguity. It differs from a general exception, which identifies a substantive flaw in the opposing party’s pleading. For instance, if a plaintiff submits a complaint that lacks clarity or sufficient detail, the defendant can file a special exception to request the court to compel the plaintiff to provide clarification or additional information. This objection pertains to the presentation of the claim, not its substance. Another example of a special exception is when a party objects to the admissibility of evidence due to its lack of relevance or being hearsay. This objection focuses on the form in which the evidence was presented, rather than its substance. In essence, a special exception allows a party to challenge the format of the opposing party’s claim or evidence, rather than its content, in order to ensure a fair and equitable legal process.
A special exception is a zoning provision that allows for certain land uses or activities that are not typically permitted in a specific zoning district. It grants permission for a specific use, subject to certain conditions and criteria set by the local zoning board or planning commission.
To apply for a special exception, you need to submit an application to the appropriate local government agency, such as the zoning board or planning commission. The application should include all necessary documents, such as a site plan, description of the proposed use, and any supporting materials required by the local regulations.
The criteria for reviewing a special exception application vary depending on the specific zoning district and local regulations. However, common factors considered include the compatibility of the proposed use with the surrounding area, potential impacts on traffic, noise, and the environment, and compliance with any specific requirements outlined in the zoning ordinance.
Yes, anyone who meets the requirements outlined in the local zoning ordinance can apply for a special exception. However, it is important to note that meeting the requirements does not guarantee approval. The decision ultimately rests with the zoning board or planning commission.
Yes, a special exception can be revoked if the conditions or criteria set by the zoning board or planning commission are not met. If the use or activity no longer complies with the terms of the special exception, the local government agency may initiate revocation proceedings.
Yes, neighboring property owners typically have the right to voice their concerns or objections during the special exception application process. Their input may be considered by the zoning board or planning commission when making a decision on the application.
Yes, if your special exception application is denied, you may have the right to appeal the decision. The specific procedures and deadlines for filing an appeal will vary depending on the local regulations. It is advisable to consult with an attorney familiar with zoning laws to guide you through the appeals process.
The timeline for obtaining a special exception can vary significantly depending on the complexity of the application, the local government’s review process, and any potential appeals or public hearings. It is best to consult with the local zoning board or planning commission to get an estimate of the expected timeline.
In some cases, it may be possible to modify the conditions of a special exception after it is granted. However, any modifications would typically require a separate application and approval process, similar to the initial special exception application.
In general, a special exception is tied to the property and not the property owner. Therefore, if the property is sold or transferred, the special exception would typically remain in effect for the new owner. However, it is important to review the specific terms and conditions of the special exception to ensure compliance with any transfer provisions outlined in the local regulations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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