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Outside counsel reviews quasi‑judicial standards, evidence rules for Board of Adjustment
Summary
Before hearing cases, outside counsel TC Morphis reminded board members that variance decisions must rest on competent, substantial, material evidence, that ex parte communications must be disclosed, and that abstentions count as affirmative votes under state practice.
Before taking testimony, outside counsel TC Morphis briefed the Board of Adjustment on how quasi‑judicial proceedings differ from regular council or commission meetings. He emphasized that board members act as both judge and jury and must base discretionary decisions on competent, substantial, material evidence in the record rather than preformed opinions.
Morphis walked members through the four statutory standards for variances, recommended deliberating and voting on each standard separately, and noted that state statute requires granting a variance if all four standards are met. He also explained ex parte communication rules and said that in North Carolina an abstention in this context counts as an affirmative vote, a procedural point the board acknowledged.
The briefing framed the two variance hearings that followed and led directly into oath administration for staff and applicants.
