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This document outlines the analysis for a discretionary review regarding the demolition of an existing single-family dwelling and the construction of a new single-family dwelling at 14 Costa Street,

How to fill out discretionary review analysis

How to fill out Discretionary Review Analysis

1. Begin with a clear understanding of the project or action being reviewed.
2. Collect all relevant documentation and data that supports your analysis.
3. Identify the key criteria or guidelines for discretionary review in your jurisdiction.
4. Evaluate the project against these criteria point by point.
5. Document potential impacts, both positive and negative, associated with the project.
6. Provide rationale for your findings, including any recommendations for mitigations.
7. Prepare and submit the final report in a clear, organized format for stakeholders.

Who needs Discretionary Review Analysis?

1. Developers seeking permits for projects that deviate from zoning codes.
2. Local government agencies reviewing project proposals.
3. Community members or organizations concerned about potential developments.
4. Environmental groups evaluating impacts of proposed actions.

People Also Ask about

What is an example of a de novo standard of review?

Abuse of Discretion Review The abuse of discretion standard affords virtually the same amount of deference to the decisions of lower tribunals as the clearly erroneous standard though the clearly erroneous standard affords lower courts slightly more deference.

What is de novo review of the record?

In de novo review, the Supreme Court independently reviews the record, using the same criteria used by the district court, to determine whether judgment is appropriate. Siebken v. Voderberg, 2012 MT 291, ¶ 20, 367 Mont. 344, 291 P.

What is a de novo review summary judgment?

As a general proposition, summary judgment is reviewed de novo–with no deference to the trial court. And if evidentiary objections are made but not addressed, the appellate court will also consider those objections de novo. Reid v. Google, Inc., 50 Cal.

What is the meaning of discretionary review?

However, if an appellate court exists in a mandatory jurisdiction, it is required to review cases from lower courts regardless of the nature of the case. Discretionary review gives courts the power to control their caseloads.

What is an example of a standard of review de novo?

For example, an appellate court could use de novo review to override a plan administrator's decision to deny an employee benefits in a lawsuit filed under the Employee Retirement Income Security Act (ERISA).

What is a denovo standard?

De novo is a standard of review that comes from the Latin word meaning “anew.” If the case is reviewed de novo, it means that the reviewing court, usually an appellate court, does not need to give any deference to the decision of the lower court.

For pdfFiller’s FAQs

What is Discretionary Review Analysis?

Discretionary Review Analysis is a process used to assess cases where a party seeks to have a decision reviewed or reconsidered based on specific criteria or discretion of the reviewing authority.

Who is required to file Discretionary Review Analysis?

Typically, parties who are dissatisfied with a decision made by an administrative body or court may be required to file a Discretionary Review Analysis to seek a review of that decision.

How to fill out Discretionary Review Analysis?

To fill out a Discretionary Review Analysis, one must provide relevant details about the case, including the original decision, reasons for seeking review, supporting evidence, and any pertinent legal arguments.

What is the purpose of Discretionary Review Analysis?

The purpose of Discretionary Review Analysis is to allow for the reconsideration of decisions that may have been improperly decided or require further scrutiny based on additional evidence or legal arguments.

What information must be reported on Discretionary Review Analysis?

Information that must be reported includes the case number, names of parties involved, details of the original decision, grounds for appeal, relevant dates, and any supporting documents or evidence.