SUMMARY OF LAST CLASS - PowerPoint PPT Presentation

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SUMMARY OF LAST CLASS

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  1. 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

  2. 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

  3. 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

  4. FASANO REVIEW II STANDARD OF REVIEW THE COURT APPLIES: “SLIDING” PUBLIC NEED WILL NEED BE SERVED DEGREE OF CHANGE IS THIS WORKABLE?

  5. 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 (?)

  6. 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

  7. 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?

  8. 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