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2 requests and subdivision applications), and the least discretion when administering rules (building permits and plan review). Where the Commission has the least discretion it must be the most circumspect and disciplined in its statements regarding the matter before it. When applying or administering rules or ordinances to specific circumstances, it must gather and consider all the facts – including through public hearings or any other required procedures – before applying the law and expressing an opinion or making a decision. Failure to observe these principles could result in a legal challenge to the city’s decision, resulting in its possible invalidation. If challenged in a lawsuit, a court will review whether the city decision maker relied on factors it is not permitted or intended to consider. In re Block, 727 N.W.2d 166, 178 (Minn. 2007). In a 2007 lawsuit brought by Brad Hoyt and Continental against the City of Minneapolis, the Minnesota Court of Appeals invalidated a city council decision denying Continental’s conditional use permit and variance requests, because one of the city councilmembers “took a position in opposition and exhibited a closed mind with regard to” Continental’s proposed project. Cont’l Prop. Group, Inc. v. City of Minneapolis, 2011 Minn. App. Unpub. LEXIS 415, **17-20 (Minn. Ct. App. 2011). The court determined that the councilmember’s adoption of “an advocacy role” before the “discharge[ of] her quasi-judicial duties” established that the city council “relied on factors it was not intended or permitted to consider” in denying the applications. Id. at *19. The court found the decision to deny the applications was therefore arbitrary and capricious and consequently invalid. Id. at **19-20. We recommend that members of the Planning Commission refrain from making any statement that could be perceived as advocating for or against The Village redevelopment application prior to or during the public hearing. Statements supporting or opposing the application should only be made after the Commission has heard all facts offered for or against it.