Agenda - Planning Commission - 07/09/2009

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June 10, 2009 -I Volume 3\ No. 11 Zoning Bulletin Open Door Law was satisfied by the Commission's pre-mediation pub- lic meeting, which authorized its attorney to participate in the mediation with full settlement authority. The court agreed with the Commission. It explained that under In- diana statutory law (Ind. Code SS 36-7-4-302(a); 36-7-4-402(a); 36- 7-4-701), the Commission was precluded from delegating authority to its attorneys to approve subdivision plans. Under statute, the exclusive control over the approval of subdivision plats was given to plan com- miSSIons. And, a plan commission's act was deemed "not official" uriless authorized, at a meeting, by a majority of the entire membership of the Commission. Thus, final approval of LCTC's subdivision plat required final approval by a majority of the Commission members at meetings subject to the Open Door Law. Accordingly, the court concluded: "[b] ecause the [Agreement] was thus not final until its approval by a major~ ityofthe [Commission] at a public meeting, the Commission's failure to promptly approve the subdivision did not constitute bad faith conduct warranting sanctions." See also: Noble County v. Roge1's, 745 N.E.2d 194 (Ind. 2001). See also: Brownsburg Community School Corp. v~ Natare Corp., 824 NE2d 336,2005-1 Trade Cas. (CCH) ¶ 74732 (Ind. 2005). Case Note: In its decision, the court noted that governmental enti- ties could not be held liable for treble damages because they were punitive in nature. However, the court explained that the sanctions authorized by the ADR Rples were: "more analogous to the exer- cise of inherent judicial authority than to the imposition of punitive damages in civil law suits." Case Note: Concluding its decision, the court emphasized the ben- efits of mediation, and commented that it would be "wise practice 'to include language in a settlement agreement that the agreement is contingent upon compliance with the Open Door Law and that it r"nust be approved at an open meeting.'" - 12 - @ 2009 Thomson Reuters 64 ---------... /' '\ } -,~.