2005-04-01 TVURICH - Laserfiche WebLink

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that the proposed action will cause an actual or threatened injury in fact. I dont like the way thats worded but thats what it says; and I dont think that theresa record sufficient to show that for the Harlans. SPRINGER:Thank you. Commissioners? Commissioner McCall? MCCALL:Yeah. I guess on these types of situations, I guess my vote has always tended to be to grant standing rather than not if Im in question of it, simply by the fact that Id rather allow people to have their, you know, their day in court or their right, you know, rather than trample on them and then allow them to, also, allow them to take it to a -. If they feel that we erred in this, it allows them to take it to a higher court, or to court if they feel their rights have not been addressed. So my tendency on this, while I do agree with Mr. Iwashita that their, they do not, theyre -. Its a little more gray in their area, but my tendency and my thoughts would be to make a motion to grant them standinganywayand,becauseofwhattheirperceptionthatthey-.TomeIdfeel,ifthey perceive that they have a distinguishable, something that distinguishes them from the general public, then thats good enough for me. SPRINGER:Thank you, Commissioner. And, of course, any petitioner whose petition is denied does have the opportunity for appeal, should they choose that. With regard to meeting the burden of proof of injury, say, or financial hardship, we havent asked for comparative land values at this stage. Is that something we shouldnt be looking at or, Planning Director? YUEN:Its a really hard thing to prove, and you have to really look at it more on the common sense basis. Its very difficult for people to prove a loss of property value from a neighboring business. So its really, this is really up to the judgment of the Planning Commission. And if you, using your common sense and knowledge of what people like and dont like, feel that there may be harm to this individuals property values, then that would be grounds for finding standing. SPRINGER:Thank you, Director Yuen. IWASHITA:Madam Chair, I have a question. SPRINGER:Commissioner Iwashita? IWASHITA:I have a question for you, Counsel. What is the standard of review for our decision on this issue, abuse of discretion? TORIGOE:I dont have a specific case that deals with that in front of me. And, off the top of my head, you know, I think that itll probably end up being an abuse of discretion or clearly an erroneous type of a decision. So, basically, that means that as long as you have a reasonable basis for what youre doing and its consistent with law, it probably would stand in court. 25