Alcorn v. Rochester Zoning Board of Adjustment

The key issue in this case is whether the trial court abused its discretion in finding that the Rochester Zoning Board of Adjustment denied the plaintiffs’ request for a variance on the merits and not for lack of jurisdiction. The plaintiffs filed an appeal from the defendant board’s denial of its petition. After a hearing before Mullavey, J., the appeal was denied. All questions of law raised by these proceedings were reserved and transferred by the court. The basic facts are not in dispute. The plaintiffs submitted an application to the Rochester building inspector for a building permit to…