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Tip : Subdivision Approval a “Legislative” and therefore Discretionary Process
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Blog :: Planning and Zoning Tips
Tip : Subdivision Approval a “Legislative” and therefore Discretionary Process
Posted: 4/2/08 :: By: Neil Erwin
A question persistently raised in litigation is whether a subdivision plat that meets all minimum technical engineering requirements must be approved by a local planning commission?
Under Louisiana law, the answer is "no," although this does not mean the issue will be free of litigation. Based on the specific language of La. R.S. 33:101.1 (added in 1990) and confirmed by a very recent court of appeal decision, "the act of approving or disapproving a subdivision plat is statutorily recognized and defined as a legislative function involving the exercise of legislative discretion by [a] Planning Commission." City of Hammond v. Parish of Tangipahoa, et al., 2007 CA 0574 (La. App. 5 Cir. 3/26/08).
This means, as several cases have decided, that subdivision approval cannot be the subject of a successful mandamus action, but instead must be reviewed through a standard judicial appeal proceeding.
An attorney representing a land owner or developer would be well advised, even if mandamus is sought in the event of subdivision plat denial, to ask in the alternative for review as a standard judicial appeal proceeding.
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