Economy, environment, and equity are sometimes called the “Three E’s” of land use regulation. The hypothesis advanced by the Land Use Report is that the enactment and enforcement of land use regulations can have a profound and positive impact on the future of the local economy, and the environment, and can help achieve a community’s social equity goals, too. My own experience has convinced me that this hypothesis can be “validated,” when members of a local community get personally involved in governmental decision-making related to land use.

Preaching the “get involved” message, which I do here on KUSP, has only a limited impact. What I would really like to see is a more formal “Land Use Academy” for the Monterey Bay Area, that could train interested members of the community on how to be effective in a process that begins with politics, continues through the enactment of land use laws, and then results in governmental decisions that can (and do) change the world.

In the absence of some sort of governmental or foundation grant that could establish this kind of practical curriculum, I’ll continue to offer up my periodic suggestions, from time to time, here on KUSP. And be advised, since the holiday season is pretty scarce on governmental meetings to which I can direct you, I will likely be pursuing my more didactic side over the next week or so!

More Information:

Gary Patton writes a daily blog, “Two Worlds / 365”
Http://www.gapatton.net

Yesterday, I warned listeners that I would probably end up being a little bit “didactic” during the next week or so, here on the Land Use Report, since my normal practice of directing you to important and upcoming governmental meetings is being frustrated by this holiday season.

Most City Councils and Boards of Supervisors don’t meet from the middle of December through the New Year. Since this was an election year, City Councils have, for the most part, just installed any new members elected in November, and are now taking a break till January. Boards of Supervisors have said “goodbye” to any retiring or replaced Supervisors, and will now be waiting until January to be able to install the new Supervisors elected in November; that’s when the terms of newly-elected Supervisors begin. And, of course, we have a new Governor and a new Legislature, at the state level, which means there will be a lot to talk about come the first weeks of next year.

In the meantime, I am going to talk about a fairly common misconception about how the courts review the land use decisions made by local officials. Most people don’t really understand that when the courts review the “political” decisions made by the locally elected officials, the courts almost always “defer” to the elected officials. There is a “check and balance” system, but politics takes preference. Tune in tomorrow for more.

More Information:

Gary Patton writes a daily blog, “Two Worlds / 365”
Http://www.gapatton.net

Gary Patton’s Blog Comment on “Deference”
http://www.gapatton.net/2010/10/283-deference.html

I write a daily blog, and usually include a picture with my commentary. My blog entry for October 12th is entitled “Deference,” and it includes a great depiction of what deference looks like. A Buddhist monk, facing to the left of the picture, is bowing, head down, with his hands clasped in front. You can’t see to whom or to what the monk is bowing. The picture illustrates what judges do, as they review the political decisions made by local officials. A fairly recent court decision, a link to which is found in today’s transcript, illustrates how judicial “deference” works.

On Friday, October 8th, the Court of Appeal of the State of California for the First Appellate District handed down a decision in Sonoma County Water Coalition v. Sonoma County Water Agency. This case shows why politics is so important (and why the courts are less so). Why? Because of the phenomenon of judicial deference.

The trial court determined that the Sonoma County Water Agency did not follow the law, as it prepared a revision to its statutorily required Urban Water Management Plan. But the agency appealed, and the Appellate Court reversed, upholding the agency. The citizens' group won in the trial court, in other words, but lost on appeal. "Deference" is the reason why. Tomorrow, I’ll quote from the decision, and tell you more.

More Information:

Gary Patton writes a daily blog, “Two Worlds / 365”
Http://www.gapatton.net

Gary Patton’s Blog Comment on “Deference”
http://www.gapatton.net/2010/10/283-deference.html

Sonoma County Water Coalition case
http://www.courtinfo.ca.gov/opinions/documents/A124556.PDF

The courts are not supposed to "weigh conflicting evidence and determine who has the better argument." Did you think that this is what the courts were all about? Many people do, but that is not how the system works. The courts are legally required to "accord deference ... to the Agency."

I am quoting, here, from the decision in the case I mentioned yesterday. Here’s another quote: If there is "any substantial evidence, contradicted or uncontradicted, which will support the agency's decision," then the courts will support the agency's determination. The court "indulges all reasonable inferences from the evidence that would support the agency's determinations." The "checks and balances" that are provided by the courts are not very strong. The courts will only set aside the decisions made by political bodies when there is no substantial evidence to uphold their factual conclusions, or when they don't proceed in the "manner required by law."

This requirement of judicial “deference” is why it's so important to elect people who will truly represent the public, not private interests, and not the bureaucrats. Elected officials take our power. That is exactly what it means to be elected: to be given the power to "represent" the voters, and to act in their place. Having been given our power, elected officials use it, and if we don't like what they do, our remedies are mostly political, not judicial. Just remember this the next time you vote.

For KUSP, this is Gary Patton.

More Information:

Gary Patton writes a daily blog, “Two Worlds / 365”
Http://www.gapatton.net

Gary Patton’s Blog Comment on “Deference”
http://www.gapatton.net/2010/10/283-deference.html

Sonoma County Water Coalition case
http://www.courtinfo.ca.gov/opinions/documents/A124556.PDF

Tomorrow is Christmas Day, so “let me wish you all a “Merry Christmas.” Depending on whether and how you celebrate, it’s likely that tomorrow means gifts. I have a couple of young grandchildren, Dylan and Delaney. They’ll be at my house, and I am virtually certain that gifts will be the focus of their attention. I also know that gifts, nowadays, tend to come disassembled, and that they have a tendency to break down and become inoperable! That means that after the gifts are received, there is a lot of “operations and maintenance” work still to be done. As I said before, “Merry Christmas!” This comes with the territory.

It has struck me that our greatest gift is this wonderful world into which we are born, and which we are so privileged to inhabit. We who live around the Monterey Bay are the recipients of a particularly fine gift. What about the “operation and maintenance,” however?

There is an “operations and maintenance” requirement for our incredible environment, mostly because of the insults and injuries that we, ourselves, inflict on it. Again, this is not too different from what our kids and grandkids do with the gifts they get. They overstress and abuse them!

We can provide the operations and maintenance our environment needs only by close attention, and diligent work. Actively participating in the governmental decision-making affecting our environment is one way to do that. Start thinking about that for the New Year coming! We can all probably do better.

More Information

Gary Patton writes a daily blog, “Two Worlds / 365”
Http://www.gapatton.net