Getting Even
by Greg Dale

Planning commissions sometimes feel the urge to "get even" with a developer who has "burnt" them in the past. Greg Dale examines the ethical issues involved in getting even.

Consider the following scenario: you are approached by a developer who is considering acquiring a large parcel for development into a major retail facility. He asks if he can "bend your ear" a bit, and gain an understanding of how you might view a zone change on this property to permit the facility. Since he has not yet purchased the property, he requests that you keep his inquiry confidential so as not to inflate the asking price for the property. In the interest of wanting to be helpful, you agree to keep the information confidential. During the conversation, you indicate your belief that the zone change is a good idea.

Several weeks later, and before any application has been submitted by the developer you spoke with, a different developer applies for a zone change for property across the street from the parcel owned by the developer you spoke with.

What are your ethical obligations when you participate in the review of this proposed zone change? . ...

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