Carlson v. Zoning Board of Appeals

The intervening plaintiffs, hereinafter called the plaintiffs, have appealed from the judgment of the Court of Common Pleas dismissing their appeal from the action of the defendant zoning board of appeals. The hoard granted a variance to the defendant Sabin Waluk permitting him to sell gasoline on his property, which is in a two-acre residential zone in Berlin. The dispositive issue on this appeal is whether there was sufficient evidence of hardship to warrant the granting of a variance.

Waluk began to operate an automobile service garage in a rural area of Berlin in either 1932 or 1934. The…