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document goals and state what the county wants to accomplish. “We use the interview process, talking with members of county government, constitutional officers, and ordinary citizens—including “the guy who’s calling you names” he told the Planners. The interviews are conducted with groups of three, then the ideas that come out of the i interviews are taken to public | meetings where all county citizens have the opportunity to “spout off,” Plavnick said. Fannon asked if public opinion as reflected in a comprehensive plan—“what the people want”—has any real bearing in a court case.
“I think it has some," Plavnick answered, continuing with his explanation of how he'd direct the planning process if hired as a consultant. Alternatives are established on the basis of the public meetings, said Plavnick, and the Planning Commission and staff decide which alternative will best implement the desired goals. “You pick the one you want, try to detail it and then take it back to public meetings." "I'm a technician," he concluded. “I try to do what is reasonable from a technical point of view but I'm not a lawyer...I can’t give you legal advice...and we’re dealing with a subject that often becomes legal.”
Dillon Rule
"Are there any legal precedents in favor of establishing local growth controls?" asked Masterson.
Virginia operates under the Dillon Rule, Plavnick noted, which retains for the state any powers not SPECIFICALLY granted to local jurisdictions. "The Dillon Rule doesn’t give you an awful lot of flexibility...It puts a limit on how innovative you can be,” he said.
Col. Luke asked if it would be possible to enact regulations here similar to those adopted in Petaluma, California, that limit the number of building permits granted in a year.
“I don’t think you can do it,” Plavnick replied, noting that local government in California operated under different enabling legislation than what was in effect in Virginia.
“Who would contest it (if a limitation on building permits was adopted here)?” asked Luke.
"The first person you denied,” Plavnick responded.
Planner Alan Stokes inquired whether a growth limiting approach similiar to
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