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(2) if a proposed plat complies with the appropriate <br />development standards, denial of the plat approval <br />is arbitrary as a matter of law. <br />(3) The time for challenging a public use dedication <br />fee requirement is prior to final plat approval. <br />III. Burden of Proof. Normally, the burden of proof is on the <br />party challenging the City Council's action to show that the City <br />Council acted unreasonably. If the action being challenged is <br />legislative in nature, there is a heavy burden on the challenger. <br />If the action being challenged is quasi-judicial in nature, there <br />is a lighter burden on the challenger. <br />(A) A total lack of contemporaneous findings setting forth <br />the City's reasons for its action indicates prima facie <br />arbitrariness on the part of.the City Council. <br />(B) Therefore the burden of proof shifts to the City to <br />support its action. <br />(C) The presumption of arbitrariness can be overcome by <br />evidence admitted at trial indicating a rational basis <br />for the City Council's decision. <br />(D) The City must show at least one legally sufficient reason <br />for its action. A legally sufficient reason is one which <br />is supported by facts. <br />C\J\DEV-REC2.OUT <br />N <br />