Article by:
C. Scott Pryor

37 Campbell L. Rev. 161 (2015)

ABSTRACT. Confirmation of a municipal Chapter 9 plan of adjustment should take the views of municipal residents into account on the issue of a plan’s feasibility. State constitutional and statutory resources must be consulted to determine the baseline of services that must be addressed to evaluate a plan’s feasibility. Although courts have not addressed the issue of residents’ standing, the question should be answered in the affirmative. The confirmation requirement of feasibility provides the substantive basis for standing, while the relaxed requirements for an Article I tribunal provide the constitutional justification for the standing of residents. The diffuse and nonpecuniary nature of the interests of residents in municipal services warrants the appointment of an official committee on their behalf.

AUTHOR.  C. Scott Pryor is a Professor of Law at Regent University School of Law.

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