Gilman v. Zoning Board of Review

These petitioners for certiorari seek to quash a decision of the respondent board denying their application for a special exception or variance so as to permit the invasion of a business use into that portion of their land zoned residential.

In denying the application the board gave as its reason that petitioners failed to establish, as required by the ordinance, that the public convenience and welfare would be substantially served. The instant petition followed — petitioners contending that there is not a scintilla of legal evidence on which the board’s findings can rest.

However, it is…