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County attorney tells court public comment on zoning approvals is off the record; resident calls move unconstitutional

Franklin County Fiscal Court
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Summary

Franklin County's attorney advised the fiscal court that comments about whether the court should grant or deny zoning amendments must be kept off the record and limited to the planning commission record, prompting a public commenter and at least one magistrate to say the policy risks suppressing First Amendment and due-process rights.

Franklin County's county attorney told the fiscal court during its July 30 work session that members must decide zoning amendments based on the record from the planning commission or a separate evidentiary hearing and therefore cannot accept public comments on whether the court should grant or deny those zoning changes. The attorney said comments about whether to hold a hearing remain permissible but that testimony bearing on the merits could be treated as evidence not in the record.

The guidance prompted an immediate objection from a court member who…

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