Lancaster County attorney reviews ex parte rules, executive sessions and appeal timelines for BZA

Jenny Merritt DuPont, Lancaster County attorney, told the Lancaster County Board of Zoning Appeals on a regularly scheduled meeting that board members must avoid private communications about pending cases, keep deliberations public, and follow state law when appeals or pre‑litigation mediation arise.

DuPont told the five‑member board that because the BZA is a quasi‑judicial body the county attorney ‘‘cannot simultaneously represent the fact finder’’ on a particular case and provide substantive advice that would favor one party. She said the county attorney can advise the board on procedure but not on how to apply law or criteria to a case before the board.

That distinction is central to how members may interact with staff and applicants. DuPont said board members ‘‘shall not discuss any case pending before the board with parties of record or other interested persons except as part of a public hearing concerning that case,’’ citing an opinion from the state attorney general. When asked whether a member may call staff for additional information about a specific hearing, she responded plainly: "You cannot do that. No, sir." She and staff…