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Consultant briefs commission on legal standards for planning decisions and appeals
Summary
Attorney Jim Kalp told the Dickinson County Planning Commission that decisions must be supported by the record; courts reverse decisions that are fraudulent, arbitrary or unsupported by evidence and the Board of County Commissioners may remand matters to the commission.
Attorney and planning consultant Jim Kalp told the Dickinson County Planning Commission on April 17 that the controlling legal standard for quasi‑judicial land‑use decisions is one of reasonableness and that courts most commonly reverse decisions that are fraudulent, arbitrary or unsupported by the record.
Kalp said, "a decision that's fraudulent is not reasonable. A decision that's arbitrary, arbitrary, or capricious is not…
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