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City attorney warns of land‑use legal risks and ex parte dangers
Summary
Payson City Attorney Brandon Dalley told the council about legal risks in land‑use decision making, emphasizing LUDMA and OPMA, the difference between administrative and legislative actions, standards of review, and the need to document findings to avoid claims of bias or procedural error.
City Attorney Brandon Dalley delivered legal training for the council on land‑use decisionmaking, drawing attention to statutory resources and case law that shape how local governments act. Dalley reviewed the Land Use Development Management Act (LUDMA), the Open Public Meetings Act (OPMA) and described the distinction between administrative decisions and legislative decisions.
Dalley cautioned about common pitfalls: insufficient findings, appearing biased, ex parte communications and pre‑determined outcomes. He referenced Bradley v. Payson City to illustrate risk and urged council to create adequate findings supported by evidence to withstand legal scrutiny. "Why land use decisions create risk," Dalley said, framing the training around due‑process and review standards.
Speakers referenced in this article: Brandon Dalley, City Attorney; Amalie Ottley, City Recorder.
