Osborne v. Zoning Board of Appeals

The defendant John T. Conroy1 appeals from the judgment of the trial court sustaining the plaintiffs’ appeal from the decision of the zoning board of appeals of Guilford (board) granting the defendant a variance of a setback requirement.

The defendant claims on appeal that the trial court (1) based its conclusion that the granting of the variance was barred by the self-created hardship rule on a finding that was unsupported by the evidence, and (2) improperly failed to recognize a good faith exception to the self-created hardship rule under the facts of this case. Because we agree with the…