Amarant v. Zoning Board. of Review, Middletown, 98-0007 (2002)

DECISION

Before this Court is the appeal of the Plaintiffs, Telly Amarant Konstantinos

Moisiades (Plaintiff) from a decision of the Middletown Zoning Board of Review (Board) denying their application for a special use permit as well as a dimensional variance.

SUBJECT MATTER JURISDICTION

On appeal, Plaintiff alleges that the decision of the Board was clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record. G.L. § 45-24-69(d)(5). In applying that statutorily proscribed standard of review, thereby addressing the relative merits of the appeal, this Court…