Both individual land use board members and the municipal governments containing these boards are concerned with the liability of the boards, and of individual members from legal challenges stemming from their decisions. Legal actions against these boards, and the potential for subsequent liability of individual members could put significant financial burdens on municipalities and also discourage competent citizens from serving on these local land use boards. This commentary reviews the impact of two recent New York state cases, and their affect on state legislation concerning these topics.
John R. Nolon & Jessica A. Bacher, Shielding Board Members: Municipalities Should Protect Them from Suits, N.Y. L.J., Aug. 18, 2004, at 5, http://digitalcommons.pace.edu/lawfaculty/689/.