Quasi-Judicial Proceedings

Occasionally, the Board of Trustees and Planning Commission act in an adjudicatory, or “quasi-judicial”, manner. In that capacity, they operate, not as a legislature, but more like a court. In a quasi-judicial proceeding, the Town Board or Commission is not setting new policy, but applying the standards in an existing ordinance, statute or regulation to facts presented at a hearing, similar as to how a judge would act. In other words, they are applying the law to the facts gathered at a public hearing to arrive at its decision.  

For example, when the Board of Trustees or Planning Commission holds a public meeting about a land use application on a specific property or development, it is generally operating in its quasi-judicial capacity. When the Board of Trustees holds a public hearing on liquor licensing, they are operating in a quasi-judicial manner.

Hearing procedures are set out in the Procedures and Rules of Order.

Due Process Considerations

At a minimum, quasi-judicial proceedings require due process, which includes:

• Adequate notice to all concerned;
• A full opportunity to be heard by any person who could be aggrieved (i.e. adversely affected) by the outcome of a decision; and
• A decision that demonstrates adherence to the criteria or standards of the Code, is based on the record, and reflects the reasons underlying the result.