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City attorney outlines possible legal response to new state emergency planning restrictions; council asks for more info in August
Summary
The city attorney briefed the council on recent state legislation restricting local emergency-related land-use actions and presented a proposed resolution and outside counsel offer for potential litigation; council asked to revisit the matter in August and requested information on other jurisdictions joining the effort.
The city attorney briefed the council on recently enacted state legislation, effective July 1, that limits local government authority related to emergencies, comprehensive plan amendments and development orders. The attorney described the law as an unfunded mandate and said it could curtail local home‑rule powers.
The attorney reported being contacted by the law firm Weiss & Sirota, which offered to pursue legal action for a flat fee of $10,000 (split into $5,000 per appellate level) to challenge the legislation and provided a draft resolution for council consideration. The attorney said she circulated the draft and had provided it to other local jurisdictions but had not yet received responses about participation.
Council members expressed support for the principle of protecting home rule but asked for more information about whether other cities or counties would join the challenge. Council directed the attorney to bring the item back in August with information on other jurisdictions and additional details so the council could decide whether to adopt a resolution and engage outside counsel.
