Planner’s Bar: Legal Risk Aversion and Best Practices

For only $180, get a full year of unrestricted access to APA's extensive learning library. Kickstart your journey by subscribing to Passport, then take the next step by enrolling in the courses that pique your interest.

Sign in for Options

Certification Maintenance

CM | 1
L | 1

Learning Outcomes

  • Defend and advocate for good practice in legal challenges.
  • Assess legal risk and certainty in land-use regulations, appropriately balancing flexibility and rigidity.
  • Implement regulatory tools that are manageable, defensible, and facilitate good investment.

Course Details

Very often, the extent to which planners are familiar with land-use law issues depends upon case law studied in school or presented in the latest certification maintenance course. While understanding case law is important, there are many unresolved questions about and challenges to the legality of policies and decisions that planners implement in everyday practice.

This presentation aims to improve planners' confidence in assessing the legal implications of their actions and advocate for best practices with municipal attorneys. Learn communication techniques to manage risk-averse attorneys in the presence of ever-adapting planning policies and municipal decision-making tools. Using various legal case studies, presenters explore how the sensibility of legal counsel may best be balanced with community vision, policy, and future land-use goals during the development of progressive, defensible regulatory tools.