Cybulski v. Planning & Zoning Commission

The defendant Lego Building Corporation1 appeals from the judgment of the trial court concluding that the commission’s approval of the special use permit was illegal, arbitrary and an abuse of discretion. On appeal, Lego claims that the trial court improperly (1) determined the dimensions of a public road when the plaintiff did not plead, prove or brief such claims, (2) decided the plaintiffs misrepresentation claim by conducting a de novo inquiry into the issue and placed the burden of proof on the defendants, (3) held that the commission did not have substantial evidence before it to…