Local Governments Wearing Two Hats: What are the Legal Issues?

Local governments have a vast plethora of roles, obligations, and functions to play – as anyone working in local government is all too aware. These roles may sometimes stay neatly separated. A building permit might be issued without any other power or duty exercised or delegated intersecting with that issuance. However, given the inherently multifaceted nature of local governments, inevitably there will be situations where a local government is required to act in multiple roles simultaneously in a single matter. In such circumstances, the courts have referred to the local government as wearing “two hats”.

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