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. Directory of City Officials - Print Edition.The Trust’s Mission, Values, and Advantage.GatherGuard – Event Liability Insurance.2022-2023 Coverages, Rates, and Dividend.Personnel Policies and Working Conditions.
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