Mazzarell v. Walsh

Unless it be found that the board of standards and appeals has abused its discretion, has acted in bad faith, or that its action was unreasonable, arbitrary, discriminatory or illegal in refusing to vary the application of the use district regulation, the court is not justified in substituting its own determination for that previously reached. In the present case, however, it appears that the petitioners made application to the board under the provisions of section 7(e) as well as under those of section 21 of the Building Zone Resolutions. Section 7(e) provides that the board may vary the use…