Professional Documents
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INTEREST OPINION
Pase
11
With respect to Soldiels Pass LLC's requestfor a one (1) year extension (within whiclr to obtain necessary and appropriate land use pennrts), submitted by Mr Milier and Mr. Sheehan on October 2, 1998. Mr. O'Brien stated that he was concemed about a potential confrict because at trat time there was a possibility that Claire. might do some leasing wsr* on the Old Mari<ei Place pmperty. For this reason, Mr. O'Brien states that he again sought advice frorn Mr. Paladini, and that Mr. Paladini advised him fnat he did not have a conffict of interest because Claire was not presently involved in teasing of fne proprty, but that the siiuation might reate the appeamnce of a conflict and therefore Mr. O'Brien shouH dedare a conflici- Mr. O'Brien did d-dclare a conflict at the public hearing before the SP&ZC. No ccnfliC appears to have been declared, l'rowever, at the time SCDD starf submiited its repori to SP&ZC on December 1. 1998. The report recommends approval of the request for an extensicn. John O'Brien reviewed and apprcved the report.
OPINION
Whetrerthe conflict of interest laws were violated does not depend on Mr. O'Brien's motirres or on the acfr.ral receipt of a benefit from his having participated in the community development process. Nor does the issue hinge on a showing of hamr to any particular indtvirjual or to the community as a whole. Rather, the issue is whether John O'Brien or his wtfe, Claire, had a 'substantiat interest" in the land use decisions in
which John O'Brien participated-