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teered his understanding of the law. A hearing is not required in order to turn down a rezoning request, he said.
Planning Commissioner Dave Fannon thought Miller was right. “We can’t have a public hearing every time someone writes a letter,” he said.
Baumgardner said this was not just a letter, (put an application for a rezoning, and the applicant had paid the $50 fee.
Jim White, a member of the District Nine Planning Commission staff, thought the hearing was necessary. He reminded the planners that they didn’t have to have a special meeting, but could hold the hearing at their next regular meeting.
Newbill Miller said again, the hearing is unnecessary. The Planners could vote not to approve the request and make that recommendation to the Supervisors. Then if the Supervisors decided not to have a hearing and voted to turn down the request, the applicant had the right to go to court, Miller said.
Fanning Baumgardner read a section of the county ordinance that states, the applicant may petition the court if his application is not approved. So, it seemed Newbill
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