When Turner County commissioners refused to allow a developer to rezone land from ag to lakefront residential in the summer of 2022, they did so without saying why.
There was no recording of the meetings at which two separate votes took place, and commissioners later told the developer they needn’t say why.
When Circuit Judge David Knoff overturned that decision the following year, he also did so without considering the why.
Instead, he ruled, the commission was wrong because it shouldn’t have been debating the question anyway. The land is on a lake, Knoff said, so under his reading of county zoning rules, the commission didn’t have the discretion to say no – an argument the developer hadn’t made in open court or legal briefs.
That sequence of events led the justices to grapple on Tuesday with this question: Is a county zoning board – or any local board that makes a call someone might not like – required to explain itself? Continue reading State Supreme Court considers whether local boards have to explain their decisions