Appellate Court Affirms Overturning of ZBA Determination

Local zoning boards have broad discretion in considering applications for variances.   Review of Zoning Board of Appeals decisions by judges is limited to deciding whether the Board’s action was “illegal, arbitrary, or an abuse of discretion.”  [1]    If a zoning board decision has a rational basis and is not arbitrary or capricious, the reviewing judge is bound to sustain the Board’s determination. 

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