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Appeals

BCF

Cyburbian
Messages
29
Points
2
Anyone out there have an appeal process that requires a party with no interest in the subject property and living a certain distance from the property being required to ask the planning commission's permission to appeal an administrative decision?

=Bob
 

Chet

Cyburbian Emeritus
Messages
10,624
Points
33
rcf said:
Anyone out there have an appeal process that requires a party with no interest in the subject property and living a certain distance from the property being required to ask the planning commission's permission to appeal an administrative decision?

=Bob
Our state statutes permit "any party aggrieved of the decision" to file an appeal. So essentially a non-resident with no legal or vested interest in the property could file. I dont believe you can require someone to ask permission of a third party prior to filing. Procedurally, Administrative Appeals are slightly different process, but are still qusi-judiciary.
 

donk

Cyburbian
Messages
6,970
Points
29
The Appeal process here is completely separate from the Commission. Seems odd to me that a person would have to make a request to the body whose decision they are most likely appealing the right to lodge an appeal, unless I am missing something.

Our Act provides "any person" the right to appeal. Depending under what section (hardship or misapplication) then the question of proximity or interest in adjoing properties comes up.
 

BCF

Cyburbian
Messages
29
Points
2
It's certain administrative decisions that would get appealed to the Commission anyway - it's just that people without an interest in the property and who live more than 300 feet from the property have to ask permission to appeal.

=Bob


donk said:
The Appeal process here is completely separate from the Commission. Seems odd to me that a person would have to make a request to the body whose decision they are most likely appealing the right to lodge an appeal, unless I am missing something.

Our Act provides "any person" the right to appeal. Depending under what section (hardship or misapplication) then the question of proximity or interest in adjoing properties comes up.
 

Lee Nellis

Cyburbian
Messages
1,371
Points
28
Better talk to a land use lawyer. I think you can require a party to have a demonstrable interest in a matter, if you clearly define that interest up front. But I don't think an arbitrary distance from the site will stand up to much scrutiny. What if the developer is building bridge that will affect the stream channel, causing erosion of my land as demonstrated by a hydrologic study, but I live 302 feet upstream? I also think you are asking for serious trouble by making your criterion "permission" from anyone. "Interest" needs to be defined up-front and in a way that offers equal protection under the law to everyone. Isn't is easier just to let anyone appeal, set an appeal fee that guarantees they are serious, and proceed?
 
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