Public concern with government officials overreaching or misusing their lawful decision making authority or failing to perform mandatory duties seems to have increased in recent times. While the phrase “you can’t fight city hall” suggests that nothing can be done to address such concerns, that is not always true. Procedures for “fighting city hall” other than at the ballot box do exist.
The likelihood of success of a challenge to a government decision through the utilization of such procedures depends upon a number of factors. Such decisions might involve, for example, denials of permits, zoning matters, variances or licenses.
Many government actions that exceed the authority granted by law, that are based upon arbitrary and capricious reasons or that do not comply with procedures for notice and due process, can be successfully challenged through administrative appeals or the courts.
Conversely, challenges to decisions that involve judgment calls – that is, the exercise of discretion – by officials are less likely to succeed unless there are other errors involved, such as the failure to provide required notice or to comply with procedures.
The forum for challenging an official’s decision is dictated by law and regulation as being with either an administrative agency or the courts. Gaining a prompt understanding of the applicable law is crucial. A challenge filed too late, without required notice or in the wrong forum is likely to be lost simply for procedural reasons or the failure to exhaust administrative remedies.
One of the more difficult problems arises when trying to compel action where a government official or agency refuses to perform a mandatory duty. Such problems can and sometimes must be addressed through administrative proceedings before filing with a court. In limited instances in which there are no other means of review, a court can issue a writ of mandamus to require an official to perform a non-discretionary act, such as the act of making a decision where one is required – but without dictating the content or result of the decision.
Careful prior analysis of the law and the facts will increase the likelihood of success of any challenge you wish to make. Assembling complete information regarding the matter is essential. Examples of the type of information that might be helpful are described in the Action Tips for commercial disputes contained in the Jacobs & Barney website. “Fighting city hall” can be time consuming and challenging. Courts frequently decide in favor of the government’s position in close cases. But citizens are not wholly at the mercy of overreaching government. The Constitution of the United States, the Bill of Rights and the Constitution of Maryland and the Maryland Declaration of Rights ensure that Maryland has laws and regulations that protect its citizens from abuses of power.
Consulting a legal team such as Jacobs & Barney can help you avoid missteps and wasted efforts. One of our lawyers can help you understand the rights and options available to you in your unique situation.
