The Ombudsman found that the Planning and Development Committee's consideration of a zoning dispute in its November 7, 2012 closed meeting was permitted under the "potential litigation" exception to the open meeting requirements, as there was a very real potential that litigation would occur if the particular zoning matter was not resolved.
The Ombudsman found that the Town of Midland Planning and Development Committee's consideration of a zoning dispute in its November 7, 2012 closed meeting was permitted under the "potential litigation" exception to the open meeting requirements, as there was a very real potential that litigation would occur if the particular zoning matter was not resolved. However, the Ombudsman noted that the closed meeting record was deficient in that it did not include information concerning a vote that took place in the closed session and did not reflect a discussion that the Committee reportedly held on whether or not the zoning issue properly fell within the "potential litigation" exception.
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