Conflict Of Interest In Zoning Cases Defined Narrowly, Oconee County Attorney Says

One of the votes cast on the controversial request to put a materials recovery facility on Dials Mill Road on Tuesday night likely will come from Commissioner Jim Luke, whose wife's family has property about a mile from the site.

The family connection is not enough to require Luke to recuse himself, according to County Attorney Daniel Haygood.

State law defines conflict of interest in zoning matters rather narrowly, Haygood said, and elected officials generally are expected to vote rather than abstain out of a “duty to represent the people who elect you.”

Haygood also said that Planning Commission member Karl Berg, who worked for the Bernard Garrett family in the past, was not in violation of state law on April 15 when he deliberated on and voted to recommend approval of the Garrett’s request for the materials recovery facility.

For more on this story, go to Oconee County Observations.

See also:

• Hearing Before Oconee County Board of Commissioners On Tuesday Only First Step For Recycling Facility
• Petition Against Proposed Dials Mill Road Recycling Facility Circulates
• Dials Mill Road Special Use Permit Decision Could Have Wider Effects
• Garretts Claim Their Special Use And Variance Requests Are Consistent With Their Oconee County Agricultural History
• Dials Mill Resident Asks Commissioners to Oppose Recycling Center
• Oconee County Planning Commission Recommends Materials Recovery Facility To Board of Commissioners