ELR Citation: ELR 20007
No(s). B167071 (Cal. App. 2d Dist. Dec 29, 2004)

A California appellate court reversed a lower court's denial of a developer's petition to overturn an adverse decision by a local planning commission due to an unacceptable probability of actual bias on the part of one of the decisionmakers. While this matter was pending before the planning commission, one of its members authored an article attacking the project under consideration. Accordingly, the developer's claim of bias is well founded. The commission's decision was reversed, and the court ordered a new hearing.