Smith v. Zoning Board of Review of City of Warwick

This is a petition for a writ of certiorari to review a decision of the respondent board denying the petitioner’s application for a variance for permission to use a certain parcel of land owned by him for a commercial marina.

The petitioner contends that the board acted arbitrarily and abused its discretion in finding that he failed to prove “undue hardship” 1 and that the proposed use would not be contrary to the public interest. 2 We hold that the board acted neither arbitrarily nor abused its discretion in deciding that petitioner failed to prove unnecessary hardship. In so holding, we find…