Ames v. Town of Painter

In my opinion “the record itself, taken as a whole, suffices to render the issue fairly debatable.”

The evidence before the board establishes that during the prior year, there were six migrant workers housed in the subject building, plus a “man and his wife and three or four children.” Upon *351questioning by the board’s chairman and counsel for the Ameses, every witness agreed that such occupancy did not affect the surrounding community in any of the ways that they feared.

At the end of the hearing, the member who moved to deny the 20-worker application read certain provisions of the ordinance,…