Conflicts of Interest and Other Legal Ethical Considerations for Planners and Lawyers

Abstract

This commentary provides land use attorneys and planners with practical insights into how courts assess conflicts of interest within the context of planning and zoning. The article summarizes cases involving possible conflicts of interest related to consultants, board members, family members, and memberships on other community organizations and associations. Cases in which applicants or community members believe that a decision maker has prejudged the application or has bias or animus toward the project or someone connected with the project are also summarized. In one sample case in Massachusetts, property owners challenged the approval of a special permit and site plan because the traffic consultant hired by the municipality was simultaneously involved in several business relationships with the project applicant, including a partnership in the development at issue. In this case, the court found that the Massachusetts Conflicts of Interest Law did not apply because a consultant could not be considered an employee of a municipality.