Carlton v. Board of Zoning Appeals

Dissenting Opinion

Faulconer, J.

The majority opinion ignores the fact that the Board made and filed its determinations in writing separately from the “work sheets” which failed entirely to contain the fifth determinate required by the statute. It further treats the “work sheets” as the Board’s findings of the determinates and to supply the above deficiency. It further has supplied, under the term irregularity, a vote by Board member Owen on the fifth required determinate even if the work sheets could legally be sustituted for those required. Besides holding that “work sheets” establish the…