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Bill would require courts to invite local governments to weigh in before land-use rulings
Summary
Sen. Forrest Mandeville told the House Judiciary Committee that Senate Bill 239 would require district courts to invite other governing bodies to submit amicus briefs before issuing orders that could change statewide land‑use interpretations.
Sen. Forrest Mandeville told the House Judiciary Committee that Senate Bill 239 would require courts to notify and invite governing bodies that administer land-use code when a court is considering an order that could change how that code is interpreted statewide.
Mandeville said the measure was prompted by decisions such as the Horse Creek Hills litigation, where a district court’s reading of subdivision law created uncertainty among counties about how to apply statutory review criteria. “This would allow governing bodies to have a little more warning before they end up with a court order telling them what to do,” he said.
Under the bill as…
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