Hegwood v. Town of Eagle Zoning Board of Appeals

¶ 1. The Town of Eagle Zoning

Board of Appeals appeals from a judgment of the circuit *199court reversing upon certiorari review the Board's decision to deny Stephen Hegwood two zoning variances. The Board contends the court erred when it reviewed Hegwood's appeal as a certiorari action, arguing that Hegwood needed to bring his action as one for declaratory judgment. The Board further asserts that the court erred in concluding the Board proceeded on an incorrect theory of law in applying the town's ordinance to Hegwood's property.1 We conclude that the circuit court properly considered Hegwood's…