[MissoulaGov] Need for attorneys

[Jim McGrath]

I agree. One party lawyering up is not evidence of the governing body
being wrong.

And sometimes, it is a good thing to have legal professionals involved.

 

(my sense often when I was on council when they lawyered up was that the
council was doing its job and actually holding people to standards.)

 

From: missoulagov-bounces at cmslists.com
[mailto:missoulagov-bounces at cmslists.com] On Behalf Of Bob Jaffe
Sent: Friday, May 15, 2009 3:16 PM
To: ERIN TURNER JON TURNER; missoulagov at cmslists.com
Subject: Re: [MissoulaGov] Need for attorneys

 

I re-read my comments and I still wouldn't characterize them as
disparaging or ridicule. I think you are being a bit oversensitive. But
that aside, I also disagree with your conclusion here.  It is of note
when attorneys show up because they are expensive and are only there
because someone is very seriously considering challenging the outcome of
what we are doing. Of course it is always everyone's right to challenge
what we do but it is noteworthy when there is in fact a legal challenge.

I also don't agree that it is an indicator that something is wrong when
the parties to a decision show up with attorneys. There are a lot of
gray areas in our land use laws. This is how they become less gray. The
various competing interests present their cases, we make decisions,
those decisions get challenged in court. The court then clarifies the
laws and we all go forward enlightened.

On a parallel track, policy is also improved through community planning
processes. But these too are subject to the cycle of court challenge and
judicial clarification.

 

bob  

 

________________________________

From: missoulagov-bounces at cmslists.com on behalf of ERIN TURNER JON
TURNER
Sent: Fri 5/15/2009 2:19 PM
To: missoulagov at cmslists.com
Subject: Re: [MissoulaGov] Need for attorneys


 Thank you Ryan for hitting the nail on the head...the council has the
luxury of legal advice for every decision they make, so why is it
riduculed when citizens request that resource?  Our neighborhood would
much prefer to spend our money in other ways, but we feel injustices are
occuring and the political and public process is being ignored.  Another
reality: none of us, neighbors or developers, have the time to dig
through all the laws and regulations to make sure injustices are not
occuring.  It should be a wake-up call to the council when both the
developer AND the neighborhood show up with attorneys...that is a huge
red flag that something, somewhere went astray.  It should have never
gotten to this point.  

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