Commissioner Wilburn recuses from quasijudicial hearing; board continues Woodsdale special-use hearing to June 2

Person County’s county attorney advised the Board of Commissioners on May 5 that quasi‑judicial hearings require careful conflict checks and that any commissioner with a fixed mind or undisclosed ex parte communications should recuse.

During the conflict‑of‑interest check for a Woodsdale special‑use permit application, Commissioner Wilburn disclosed that a developer had been a previous client on a similar project in the same vicinity. Wilburn told the board she had consulted the county attorney in January and, on his recommendation, recused herself from participating in the hearing.

Following that disclosure, the county attorney told the board he had also received a late request for a continuance from an attorney expected to represent the applicant and recommended granting a continuance to allow counsel to appear and to protect due process rights. The board voted to continue the public hearing to June 2, 2025, and the county attorney said he would consult with attorneys for both sides to determine whether additional time or a special meeting would be necessary depending on the anticipated length of testimony.

The county attorney warned commissioners that, while a continuance is often required to protect due process, continued communications between commissioners and members of the public about the project should be avoided so decisions will rest on evidence presented at the hearing.

The board’s decision to continue the hearing preserved the parties’ ability to obtain counsel and left the matter on the June 2 agenda; Commissioner Wilburn did not participate in the hearing matter as announced.