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Council votes to waive attorney-client privilege so planning commission can discuss owner-occupancy legal advice on accessory-dwelling ordinance
Summary
The city attorney advised the council there are legal uncertainties with an owner-occupancy requirement in a proposed accessory dwelling (ADU) ordinance; after debate the council voted 6–1–1 to waive the city attorney-client privilege so the legal analysis can be discussed publicly and before the Planning Commission.
Falls Church City Attorney Sally presented the council with legal advice about a proposed owner-occupancy requirement in the city’s accessory dwelling unit (ADU) ordinance and recommended the council consider waiving attorney-client privilege so the Planning Commission and council can fully discuss the legal analysis in public.
Sally told the council she had provided a legal analysis and case-law review to the Planning Commission and council but that the communications had been marked privileged. She said the privilege belongs to the city council and that, if the council chose to waive it, the Planning Commission could publicly discuss the legal advice and the city…
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