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Current as of January 01, 2023 | Updated by Findlaw Staff
Except as otherwise provided in this Subpart, the act of approving or disapproving a subdivision plat is hereby declared a legislative function involving the exercise of legislative discretion by the planning commission, based upon data presented to it; provided that any subdivision ordinance enacted by the governing authority of a parish or municipality or the acts of the governing authority, the planning commission, or planning administrator shall be subject to judicial review only on the grounds that such ordinance or act is arbitrary and capricious thereby constituting an abuse of discretion, unreasonable exercise of police powers, an excessive use of the power herein granted, or denial of the right of due process. The judicial review shall be confined to the record established before the governing authority, the planning commission, or planning administrator whose decision is being appealed. The right of judicial review of a subdivision ordinance shall not be limited by the foregoing, however, nothing contained in this Subpart or in any subdivision ordinance adopted by a parish or municipality shall be construed as imposing upon such parish or municipality a duty, special or otherwise, to or for the benefit of any individual person or group of persons.
Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 33, § 101.1. Subdivision approval a legislative function - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-33-sect-101-1/
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