Mill Realty Associates v. Crowe

I believe the Superior Court misapplied the law when it interpreted the towns ordinance as vesting the building official with unfettered discretion to grant or deny a building permit in these circumstances. And because the zoning board also acted arbitrarily and capriciously in affirming the building officials denial of the property *676owners building-permit application, I would quash the Superior Court judgment upholding the boards decision and remand this case with directions to that court to enter a new judgment requiring the building official to issue the permit.

This case is here on…