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Bill would ask courts to invite affected local governments to file amicus briefs in land‑use cases
Summary
Sen. Forrest Mandeville told the Senate Local Government Committee that SB239 would ask courts to invite amicus briefs and give participating jurisdictions standing to seek stays when a judicial opinion affects how local governments administer land-use law; senators pressed the sponsor on procedural mechanics and timing.
Sen. Forrest Mandeville told the Senate Local Government Committee that Senate Bill 239 would require courts to invite amicus participation before issuing opinions that change how local governing bodies administer land-use or subdivision law and would give those amici standing to seek a stay.
Mandeville said the bill is aimed at cases where a court ruling in one jurisdiction could create statewide effects for zoning or subdivision reviews. "Sometimes courts will issue an opinion that impacts subdivision review on a statewide level," he said, and inviting subject-matter input could give judges more context before issuing an opinion.
Committee members asked procedural questions about how and when courts would notify affected jurisdictions and how much time local governments would have to prepare briefs. The sponsor envisioned a letter from the court to affected counties or a limited period (for example, one or two weeks) for jurisdictional responses, and indicated such invitations would not be frequent.
No proponents or opponents appeared in the room for SB239; senators discussed possible clarifying amendments to make timing and notice clearer before the bill would move forward.
What happens next: The sponsor said he would work with committee members on language to clarify court notice and timing; the hearing was closed with opportunity for follow-up.
