Summary: Wednesday, January 21, 2015 When not recording the Land Use Report, I am an environmental attorney (and I also teach in the Legal Studies Program at the University of California at Santa Cruz). Because I am an actively practicing lawyer, I suspect that many people might assume that I am an enthusiastic promoter of litigation, as the best way to address land use policy and project matters. Actually, that’s not true! Today, tomorrow, and Friday I am going to make specific reference to recently concluded and recently initiated litigation in Monterey County, but I want to lead off with an observation that may be surprising to some listeners. Our system of government discourages the use of the courts to make important land use policy decisions. On any substantive issue, the courts are supposed to “defer” to the land use decisions of elected officials and governmental agencies if there is “any” substantial evidence that would uphold the decision made by the government. Judges do NOT substitute their judgment for the judgment exercised by elected officials. Even if there is overwhelming evidence that a development would have adverse impacts, as an example, the courts will allow the development to go forward if there is “any” substantial evidence that would justify a decision in favor of the development. Public participation, in other words, not litigation, is the best way to get the land use decisions you want! More Information: Land Use Links Gary Patton’s Two Worlds Blog Gary Patton’s Blog on “Deference”
