What power does a municipality's counsel have to settle a zoning dispute on terms that would ordinarily require the exercise of discretionary authority by a zoning board of appeals (ZBA) or by a planning board?
Settlement of Zoning Disputes
What power does a municipality's counsel have to settle a zoning dispute on terms that would ordinarily require the exercise of discretionary authority by a zoning board of appeals (ZBA) or by a planning board? In <i>Matter of Commco, Inc. v. Amelkin</i>, which was decided more than 20 years ago, the Court of Appeals indicated that counsel had no such settlement power, even if counsel acted with the approval of the municipality's elected governing body.
By
Stewart E. Sterk
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