Cardwell v. Town of Madison Board of Adjustment

EAGLES, Judge.

After a careful review of the record, we conclude that the Town of Madison Board of Adjustment considered the definition of “building” found in the state building code when interpreting its zoning ordinance. We agree with the Superior Court that the Board’s decision was based on an error of law. Accordingly, we affirm the judgment of the Superior Court.

In proceedings to review a city’s zoning decision, the task of the appellate courts includes “reviewing the record for errors in law” and “insuring that decisions of town boards are supported by competent, material and substantial…