Perron v. Concord

The statute provides that upon appeal all questions *34of fact determined by the board of adjustment shall be deemed to be prima facie lawful and reasonable, but permits the board’s decision to be set aside or vacated for errors of law, or when the court is “persuaded by the balance of probabilities, on the evidence before it, that said . . . decision is unjust or unreasonable.” RSA 31:78. Gelinas v. Portsmouth, 97 N. H. 248. The ordinance under which these proceedings were brought provides that no premises shall be “altered ... in use” until the enforcing officer shall have issued a…