(DOWNLOAD) "George A. Gelinas & A. v. Portsmouth" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: George A. Gelinas & A. v. Portsmouth
- Author : Court of Appeals of New York
- Release Date : January 02, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The board of adjustment of the city of Portsmouth has granted a variance upon appeal to it from an adverse decision by the building inspector and the Superior Court has dismissed the appeal from the boards decision. The matter being properly before us (Stone v. Cray , 89 N.H. 483, 486, 487; Sullivan v. Trust Company, 89 N.H. 112) the basic question is whether the Court erred as a matter of law in so doing. We do not believe that it did for it seems to us that reasonable men upon the evidence here could have reached the same Conclusion as did the Trial Court. Fortuna v. Manchester, 95 N.H. 211, 213. Chapter 278 of Laws 1949 materially changes the procedure on appeals from the zoning board. There is now no trial de novo by the court on such appeals. "Upon the hearing the burden of proof shall be upon the party seeking to set aside any order or decision of the board... to show that the same is unreasonable or unlawful, and all findings of the board... upon all questions of fact properly before it shall be deemed to be prima facie lawful and reasonable ; and the order or decision appealed from shall not be set aside or vacated, except for errors of law, unless the court is persuaded by the balance of probabilities, on the evidence before it, that said order or decision is unjust or unreasonable." Id., s. 65-c. (Emphasis supplied).