Di Matteo v. State

Kane, J. (dissenting).

We would affirm for the reasons set forth in the clear and comprehensive decision of the Trial Judge. This court should be slow to substitute its judgment for that of the Trial Judge who had the opportunity to view the premises and observe the attitude and demeanor of the expert witnesses who testified as to the reasonable probability of rezoning. In evaluating their testimony as it appears in this record, it seems clear to us that the findings made were based upon evidence of a high enough quality to sustain a finding of the reasonable probability of rezoning (Metzner v…