What is the name of your state?DELAWARE (Town of Middletown, Inc.)
I have an issue with regard to a business that received a Conditional Use Permit to opperate their business in an area that it would not normally be allowed to opperate. This business followed the procedures of the incorporated town. This included filing for the Conditional Use, being heard at a public meeting of the Planning & Zoning Board and again heard in another public meeting before the Mayor & Council. However, the P&Z Board approved the C.U. only if the business obtained a legally binding document from a neighboring business allowing the businees to utilize the neighbor's parking area. At the Mayor & Council meeting, the business announced that they the neighbor was unwilling to provide such document. The Mayor & Council approved the Conditional Use anyhow.
However, the Mayor made a comment to the business owner during the public meeting making reference to a meeting he and the business owner had had in private to discuss the Conditional Use request.
My question is, did the Mayor violate the 1971 Open Public Meetings Act of the United States or any other possible laws by having such a meeting that was not in a public forum?
As an additional question, the town rules provide for an appeals process for someone that is denied a Conditional Use permit, but do not make any reference to any recouse that a member of the community may take to appeal a Conditional Use permeit that has been granted. Is there anything I can do?
I have an issue with regard to a business that received a Conditional Use Permit to opperate their business in an area that it would not normally be allowed to opperate. This business followed the procedures of the incorporated town. This included filing for the Conditional Use, being heard at a public meeting of the Planning & Zoning Board and again heard in another public meeting before the Mayor & Council. However, the P&Z Board approved the C.U. only if the business obtained a legally binding document from a neighboring business allowing the businees to utilize the neighbor's parking area. At the Mayor & Council meeting, the business announced that they the neighbor was unwilling to provide such document. The Mayor & Council approved the Conditional Use anyhow.
However, the Mayor made a comment to the business owner during the public meeting making reference to a meeting he and the business owner had had in private to discuss the Conditional Use request.
My question is, did the Mayor violate the 1971 Open Public Meetings Act of the United States or any other possible laws by having such a meeting that was not in a public forum?
As an additional question, the town rules provide for an appeals process for someone that is denied a Conditional Use permit, but do not make any reference to any recouse that a member of the community may take to appeal a Conditional Use permeit that has been granted. Is there anything I can do?