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RotGrub

Direct And Constructive Notice

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I read the Direct and Constructive Notice in the June issue and found it brilliant... I had a copy of a similar document that was successfully used by a developer trying to subdivide a property for a housing development many years ago. He issued this document to 2 rouge planning commissioners that were acting outside of the General Plan and City's published documents governing his property. They just didn't like him or his development which was in compliance with the City's development standards. It was a widely published story throughout the development community because this behavior was typical in many jurisdictions. He sued both commissioners personally and won. I don't remember all the details, but I know he won in court, received compensation for his damages and both commissioners were replaced.

 

However, most building departments and planning departments learned from this and began to rewrite their general and specific plans regarding future development. Instead of creating specific zoning and planning requirements for a specific property or area they began creating PUD's (Planned Unit Development) where they gave the Planning commission unrestricted discretion regarding the type of development governing many properties. There were some basic guidelines but it gave plenty of cover for commissioners to obstruct a project without being subject to a Direct and Constructive Notice.

 

The biggest difference between a planning commission and F&G or BLM... Commissioners are elected to represent the community's interest...     

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