If you have ever watched a live trial or law-related television show, you probably know a few general things about court proceedings: a judge presides over a case and the rules of evidence (Objection, your honor!) govern what parties can and cannot say and do. While there are similarities in how court proceedings and land use hearings operate, key distinctions exist. First, there is no separate judge and jury. The governing body or the zoning hearing board (collectively, the “Board”) does both. In addition, land use hearings, while structured, are designed to give the Board freedom in its decision process. This includes the Board’s power to appoint a hearing officer, relaxed rules of evidence (including the hearsay rule), and the opportunity for parties to present arguments and evidence and to conduct cross-examination.
