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SUMMARY OF LAST CLASS ENDING FRITO-LAY : IMPORTANCE OF CHRONOLOGY IMPORTANCE OF ANALYZING STATUTE IMPORTANCE OF APPLYING THE STATUTE EXAMPLE: WHAT IS A “HEARING”? IMPORTANCE OF CLIENT’S GOALS AND MAKING ARGUMENTS IMPORTANCE OF THINKING ON YOUR FEET SUMMARY (CONT. )

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SUMMARY OF LAST CLASS

ENDING FRITO-LAY:

IMPORTANCE OF CHRONOLOGY

IMPORTANCE OF ANALYZING STATUTE

IMPORTANCE OF APPLYING THE STATUTE

EXAMPLE: WHAT IS A “HEARING”?

IMPORTANCE OF CLIENT’S GOALS AND

MAKING ARGUMENTS

IMPORTANCE OF THINKING ON YOUR FEET


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SUMMARY (CONT.)

OPEN MEETINGS ACTS (KEARNS)

PURPOSE

STRUCTURE: OPEN UNLESS EXEMPT

APPLYING THE LITIGATION EXEMPTION

STANDING, RIPENESS, AND EXHAUSTION

FASANO: CONTROLLING DISCRETION THROUGH PROCESS

QUASI-ADJUCATIVE “REZONINGS”?

PROCEDURES


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FASANO I: REVIEW BASED ON NATURE OF THE PROCEEDING

THE LEGISLATIVE-ADJUDCATIVE DECISION

EFFECT ON JUDICIAL REVIEW

TRADITIONAL RULE FOR ZONINGS

RATIONALE

TEST FOR DETERMINING WHETHER LEGISLATIVE OR ADJUDICATIVE

POLICY v. APPLICATION OF POLICY

EXAMPLES


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FASANO REVIEW II

STANDARD OF REVIEW THE COURT APPLIES: “SLIDING”

PUBLIC NEED

WILL NEED BE SERVED

DEGREE OF CHANGE

IS THIS WORKABLE?


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FASANO REVIEW III

PROCEDURES BEFORE CITY COUNCIL: HOW WILL THEY CHANGE?

1. OPPORTUNITY TO BE HEARD

2. OPPORTUNITY TO PRESENT AND REBUT EVIDENCE

3. IMPARTIAL TRIBUNAL

4. RECORD AND ADEQUATE FINDINGS

5. BURDEN (?)


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ETHICAL CONSTRAINTS: IN RE CONVERY

KEY FACTS:

  • THE FEE ARRANGEMENT

  • PROMISE TO ENGELS SR. TO ASSIST SON

    VIOLATION OF HATCH ACT

  • SPOKE WITH UNION REP. RE KENNY

    ENGELS DENIS ASKING WADE FOR HELP

    4. ENGELS SR. TELLS KENNY THAT CONVERY WOULD HELP WITH JOB


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REASONS FOR DISCIPLINEIN RE CONVERY

1. HATCH ACT VIOLATION

2. IMPROPER INFLUENCE OF QUASI-ADJUDICATORY BOARD

WHAT IF THIS WAS A ZONE CHANGE?

CAMPAIGN CONTRIBUTIONS

EFFECT ON ADJUDICATION?

“REAL WORLD” EFFECT?


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SUBSTANTIAL EVIDENCE TEST (SUNDERLAND)

SUBTEXT: NEIGHBORS’ RIGHTS and DEVELOPERS’ RESPONSES

SUNDERLAND

1. COURT’S APPROACH TO REVIEW OF THE FINDINGS

2. HOW THE “SUB. EVIDENCE” TEST WORKS


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