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You Be The Judge: A Handbook for the
Land Use Decisionmaker
Table of Contents
Introduction
The Framework
1. The Quasi-Judicial Proceeding
2. Procedural Due Process
Key Elements of Procedural Due Process
1. Fairness
2. Notice
3. The Hearing
4. The Record
5. The Decision
Other Systems
1. The Land Use Hearing Examiner System
2. The Mediation System
Glossaries
1. Terms Used in a Hearing
2. Key Players in a Hearing
Appendices
1. Examples of Procedural Issues
2. The Appearance of Fairness Doctrine
3. Checklists for Local Officials
4. Outline of Hearing Procedural Rules
5. The Site Visit
Book Summary
The purpose of this handbook is to help local officials understand the elements of procedural due process required in a land use hearing. It is intended to assist decisionmakers in understanding the basic concepts of due process and in reaching decisions that are fair and equitable, and that will survive legal review by the courts.
The handbook contains:
- A brief discussion of each element of procedural due process.
- A checklist to help the decisionmaker comply with each element of procedural due process.
- Examples of common problems with some suggested solutions.
While no handbook or treatise can offer a guarantee from lawsuits, this handbook provides guidelines and suggestions that should reduce liability. A reduction of liability is extremely important as many state and federal courts have held decisionmakers personally liable for failure to properly abide by procedural due process principles. The handbook will give the local decisionmaker a better understanding of what courts will consider if a local decision is appealed.
The burden on local officials when making land use decisions is a heavy one. The men and women serving as local officials are charged with balancing competing interests in a highly charged atmosphere in which the threat of a lawsuit is always present. If we are able to lighten that burden even slightly by the suggestions in this handbook, our efforts will have been successful.