Panel warns: follow code or risk land-use lawsuits

Panelists repeatedly urged staff and commissioners to follow established code and noticing procedures and to avoid imposing requirements that do not exist in ordinance. One panelist recounted a case where commissioners demanded additional design concessions that had no basis in code and later almost triggered litigation; he told the audience, "Follow your process. Rules. Follow your procedures. Follow your noticing provisions. Follow the law."

Speakers advised that when staff think the code is inadequate, the right response is to change the ordinance rather than improvise requirements during review. They also suggested documenting meetings and having planning directors involved in commissioner selection to reduce the chance of inexperienced or adversarial panels making process-altering decisions.