County attorney briefs planning commissioners on quasi‑judicial rules, evidence and ex parte risks

Denise Landis, Citrus County attorney, spent the second half of the July 17 Planning and Development Commission meeting giving a legal briefing to commissioners on quasi‑judicial procedure, evidence rules, ex parte communications and other land‑use topics relevant to how the commission must hear and decide applications.

Landis told the commission that applicants carry the initial burden of proof (citing the Snyder case) and that legal arguments from attorneys are not evidence unless supported by sworn factual testimony or qualified expert witnesses. “You can't base your decision on the argument of counsel. You must have factual testimony,” she said.

Landis reviewed roles and evidence sources the commission should rely on: applicant testimony and expert witnesses (engineers, planners), staff technical reports, and public comment (which she said are not parties in the proceeding but can provide factual testimony). She cautioned against independent research and…