Fuller v. Zoning Board of Adjustment

EDWARD N. SCRUGGS, Retired Circuit Judge.

This appeal is from the granting of a zoning variance whereby an eight story hotel instead of one of only six stories in height could be validly constructed upon a lot owned by Southbridge.

When the variance was allowed by the zoning board of adjustment, Mrs. Fuller, a contiguous landowner, appealed to the circuit court, where a jury trial de novo ensued. The jury, likewise, permitted the zoning variance. Mrs. Fuller further appealed and those proceedings were recently transferred to this court by the supreme court.

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During the course of the trial in…