| Venue: | CA SC |
| Facts: | Lacy Street runs an adult cabaret, and wants some zoning changed. At the city council meeting where they petition for this change, nobody is even paying attention, and Lacy Street gets it all on videotape. |
| Posture: | Lacy Streets petitions were granted by the Zoning Administrator, and then overturned by the city council. |
| Issue: | Did the city council abuse its discretion? |
| Holding: | Yes. |
| Rule: | A fundamental principle of due process is "he who decides must hear." |
| Reasoning: | The city council is obligated to be fair and impartial. Parties have a right to be equally heard, not equally ignored. The city council cannot be said to have made a reasoned decision based on hearing the evidence, and this is what Lacy was entitled to as a matter of due process. |
| Dicta: | |