§ 46-3. Subdivision approval a legislative function.

Except as otherwise provided in this chapter, the act of approving or disapproving a subdivision plat is hereby declared a legislative function involving the exercise of legislative discretion by the planning commission, based upon data presented to it; provided that any subdivision ordinance enacted by the governing authority of the city, or the acts of a planning commission shall be subject to judicial review on the grounds of abuse of discretion, unreasonable exercise of police powers, and excessive use of the power herein granted, or denial of the right of due process. The right of judicial review of a subdivision ordinance shall be limited by the foregoing; however, nothing contained in this chapter or in any subdivision ordinance adopted by the city shall be construed as imposing upon the city a duty, special or otherwise, to or for the benefit of any individual person or group of persons.

(Ord. No. 171, § 1(III), 3-11-1997)