A Friday Funny! cartoon courtesy of Paul Zucker, FAICP of Zucker Systems, an excellent public sector management consulting organization based in California:

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The following case summary was adapted from one prepared by Kurt Schindler at MSU-Extension; excerpts reprinted with permission from the author. The Zoning Guru chose this case because it answers the $Million question elected officials face when confronted with a development-related lawsuit:

“Do we defend our master plan?“

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So, you’re a planning commissioner and the worst has happened…

Some applicant for approval of a (probably controversial) site plan or special-conditional use or planned unit development or rezoning doesn’t appreciate the commission’s decision and has filed a lawsuit against the town, the planning commission, and you personally.

The Zoning Guru is sorry to say that it is true – a planning commissioner may be named as a defendant in land use or development litigation against a community if the individual participated in the decision-making process.  Now before all of our citizen-volunteers reading this dash off to pen their resignation letters, please read on…

It is extremely rare that personal liability is imposed, as it must first be proven that the planning commissioner acted maliciously or was grossly negligent.  Otherwise, the commissioner should be dismissed from such cases on the grounds of governmental immunity.

The Zoning Guru recommends that planning commissioners always follow the Nine Golden Rules of Defensible Land-Use Decision-Making…

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Justice William J. Brennan, U.S. Supreme Court

To be effective, professional planners must stay up-to-date on the twists and turns of case law involving planning, zoning, and land development litigation.  Fortunately, we Michigan planners have several excellent resources available, including Kurt Schindler at MSU-Extension and Mark Wyckoff‘s Planning and Zoning News.

Our first case summary for the Building Place Notebook is offered below courtesy of Mr. Schindler.  This rezoning case caught my attention because I happened to be there for part of it (early in my career as an entry-level staff planner).  Also, the “Penn Central” test described below is from a “landmark” U.S. Supreme Court case involving regulatory takings, which frequently appears on the American Planning Association‘s AICP certification exam (please pardon the obscure pun)….

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