Jump to content
The Official RONR Q & A Forums

after motion fails


Guest Leah Youngblood

Recommended Posts

Guest Leah Youngblood

After a motion to approve fails, can a board member make another, slightly different motion, dealing with the same matter? In this case, the original motion was a staight up-or-down vote that ended in a denial of the request. The second motion would have placed a condition on the request.

This is a Zoning Board of Appeals issue if that matters.

Thanks!

Link to comment
Share on other sites

After a motion to approve fails, can a board member make another, slightly different motion, dealing with the same matter? In this case, the original motion was a staight up-or-down vote that ended in a denial of the request. The second motion would have placed a condition on the request.

This is a Zoning Board of Appeals issue if that matters.

Thanks!

According to RONR, a motion that is lost can be renewed at any following session.

A motion that presents substantially the same question as one already decided in the same session is not in order.

Link to comment
Share on other sites

After a motion to approve fails, can a board member make another, slightly different motion, dealing with the same matter? In this case, the original motion was a staight up-or-down vote that ended in a denial of the request. The second motion would have placed a condition on the request.

This is a Zoning Board of Appeals issue if that matters.

Thanks!

See Section 38 in RONR (11th Edition) for details on Renewal of Motions. In particular, the first paragraph (see ll. 12-16) sums it up nicely, and should give you an idea of when the "new" motion would be in order.

Link to comment
Share on other sites

This is a Zoning Board of Appeals issue if that matters.

It doesn't matter so far as RONR is concerned, but zoning boards often have bizarre rules or applicable laws regarding how "denials" work, so I would consult a lawyer before proceeding.

Based purely upon the rules of RONR, I concur with the previous posts.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...