Nationally, we are noticing a slight “uptick” in published case law addressing claims that public officials are “biased”, maintain a “conflict of interest”, or are otherwise unable to perform constitutionally their duties as to land use decisions.
If you know the term “ruckus” – generally anything loud, confusing and conflicted — it’s often a dead-on description of a contested QJZ proceeding. Every QJZ proceeding begins with a person filing an application requesting a QJZ decision. The applicant starts the ruckus.
Sometimes, the simplest, local example teaches the deepest, global lesson – politics and impartiality do not mix. Under the blanketing fog of politics and internet delivered news, it’s easy to become confused and actually believe you can thread the needle of politics and impartiality, but it can’t be […]
N.C. Court of Appeals Affirms Local Government Board’s Recusal of One of Its Own Members In Quasi-Judicial Proceeding
A quasi-judicial land use proceeding requires an impartial decisionmaker, like any courtroom proceeding. State law does its best to spell out what constitutes an “impermissible violation of due process”: A member of any board exercising quasi-judicial functions pursuant to this Article shall not participate in or vote on […]
Introduction Expert appraisers have testified that the proposed development will not adversely affect values of properties adjacent to this new development. Nevertheless, the testimony does not seem right to you. You remember the Great Financial Crisis – what do appraisers really know? Based upon your common sense understanding […]