![]() A fact is relevant if it proves or disproves that the application meets the legal standards.įor instance, if an applicant is seeking a conditional use permit where the effect of traffic on adjacent properties is an ordinance standard, then the city should look for facts related to traffic impacts. Provide relevant factsįindings of fact should state all the relevant facts the city considered in making its decision. Reference and quote the relevant standards in your findings. Determine exactly what ordinance standards apply. A crucial early step is to identify the relevant legal standards.įor example, applications for conditional use permits are subject to standards that should be spelled out in city ordinance. Apply those facts to the legal criteria.īefore setting out to find facts, a little investigation is needed.Explain the relevant facts relating to the particular application.Identify the relevant legal criteria, such as statutory standards or code provisions.Apply facts to lawįindings of fact should explain to the reader how and why the city reached its decision. ![]() How to make findingsĬreating findings of fact can be relatively straightforward if a city uses the following basic guidelines. Findings should provide a court with everything needed to uphold the decision. Even when an application is approved, written findings explaining the decision are advisable. If the city denies an application relating to zoning, Minnesota’s 60-day rule requires the reasons for a denial be put in writing ( Minn. ![]() If a city is sued over a land use decision, courts will review the record for a sufficient statement of the reasons given by the city for granting or denying the request. Typical land use approvals for which a city may need to find facts include requests for: If the facts indicate an applicant meets the relevant legal standards, then they may be entitled to the approval. This process is called “quasi-judicial,” and city authority is limited to applying the rules in place to the facts presented. In administering land use ordinances, the city must often determine the facts associated with a particular request and then apply those facts to the legal standards. Like courts, cities sometimes need to apply facts to law to make a decision. The term originates from the courts, where judges often explain their determinations by issuing documents entitled “Findings of Fact and Conclusions of Law.” They recite the relevant facts and then make conclusions by applying those facts to relevant legal criteria. “Findings of fact” is a common term used to refer to a city’s written explanation of a land use decision. It also produces a record that makes it easier for a court to uphold the decision if challenged. Carefully and thoughtfully developing written findings can help solve a contentious problem because it forces officials to focus their inquiry on the relevant considerations. Sometimes cities need to make controversial decisions, and no matter what the result, someone will be unhappy.Īn important part of the process is developing and adopting written “findings of fact” that explain the decision. Working with municipal land use regulations can be difficult for both city officials and residents. Any attorney general opinions cited are available from the League’s Research staff. Do not use it as a substitute for legal advice. This content conveys general information.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |