Gazebo, Inc. v. Zoning Board of Adjustment

Opinion by

Judge Craig,

This zoning appeal involves consideration of the principles which govern the modification or removal of conditions incorporated in a zoning boards previous issuance of a special exception approval.

Specifically, where an unappealed zoning board decision has previously imposed limiting conditions upon its approval of a special exception request, expressly recognizing that actual experience for a season may be pertinent to subsequent review of the conditions, does the landowner applicant, to obtain modification of the conditions, have the burden of showing a subsequent…