Labor & Employment Law

Following the rules about making rules

Another 'why didn't they just follow their own rules' case, from [Albany Law School Professor] Patty Salkin on her Law of the Land blog: "Failure to Follow Statutory Procedures Invalidates Countywide Zoning Ordinance".

However, the Appeals Court* reversed the trial court?s grant of summary judgment.

The Court determined that the ordinance substantially affected Lott?s use of its property, and that the County had to comply with the statutory notice requirements.

Lastly, the Court noted that the County failed to comply with the statutory requirements for submitting zoning maps to the planning board where there has been an amendment.

Since the ordinance was not passed in accordance with the statutory requirements, nor did the County follow its own rules of procedure, the law was invalidated.

Edward M. McClure

* The decision is posted on the Internet at: http://www.aoc.state.nc.us/www/public/coa/opinions/2009/080229-1.htm

Full post as published by New York Public Personnel Law on June 16, 2009 (boomark / email).