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Experts urge narrower, faster appeals process for land‑use and housing cases; committee hears de novo vs. record-review tradeoffs
Summary
Legal and planning experts told the committee appeals of land-use permits take longer in court than under administrative boards and outlined options—moving appeals to a professional board, limiting discovery, or adopting a hybrid approach—to speed decisions while preserving due process.
Witnesses at the Feb. 4 Natural Resources & Energy committee meeting outlined options to shorten land-use appeals and to prioritize housing-related cases.
Sean Broom (BRC policy and board program director) described comparative timelines, stating administrative boards historically resolved appeals faster than the current de novo court approach. He summarized the principal approaches: maintain de novo review (current court practice); move to record review (limiting new evidence and discovery); or adopt a hybrid (de novo with due consideration to the underlying…
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