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But, as difficult as that task is, it s legally essential. There’s one sure way for any governmental entity to lose a legal challenge to a zoning case: if the plaintiff can prove that the government acted for the personal benefit of an 'individual, rather than after considering the public good. It doesn’t matter how compelling the argument may be.
If the plaintiff can prove that, the governing body may *hot even get a chance to present its arguments. The judge is >likely to throw the entire ruling out, leaving the governing diody without any defense to stop something which may, in ;fact, not serve the public good. £ Sometimes, the people appearing before the boards may ♦arouse the sympathies or present the board with such a good ^argument from a personal standpoint that the request is ♦difficult to deny. In other cases, the personality involved may Tie repugnant, or the argument unsympathetic, to the people fitting on the board. : It doesn’t matter; from a legal standpoint both cases enust be considered in the same light, and the same question -asked of both; “Does the request serve the public good?” i Again, the purpose here is not to pass judgement on the case pending before the town’s council and planning commission. There’s no point served by this newspaper taking a stand on each and every request considered by the Town’s or county’s boards.
It is, however, of the highest importance for everyone to •recognize the legal requirements involved in the •consideration of zoning and land use requests.
There’s probably no area of law — except, perhaps, firearms regulations — which is more likely to raise the ire of people than the idea that a government body can tell them what they can or cannot do with their property. There are probably few areas of law more subject to personal interpretations and misinterpretations. , But as requests are considered, regardless of the action taken, the public good truly is served if the officials charged \vith making the ruling consider that benefit. They’ve fulfilled their duty, and deserve the support of their constituents in that decision.
It’s not an easy job, particularly in a small community. I
Letter to the editor
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Revenues should aid needy
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