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City attorney trains Holiday City commissioners on advisory limits, conditional-use risks
Summary
City attorney Brett told the Holiday City Planning Commission that commissioners are advisory, not legislative, and explained how conditional use permits are implemented, when courts will overturn local decisions, and why commissioners should avoid presenting themselves as official city representatives.
Holiday City’s planning commissioners spent their meeting on a one-hour legal training in which the city attorney, Brett, outlined the limits of the commission’s advisory role and the legal mechanics and litigation risks of conditional use permits.
"When you are a planning commissioner, youre not a policy maker, and youre not a council member," Brett told the commissioners, urging them not to identify themselves as speaking for the city when engaging in political advocacy. He used an anecdote of a commissioner who campaigned against an…
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