Carl Von Bernuth v. Zoning Board of Review of the Town of New Shoreham

Summary

The court granted certiorari and quashed the Superior Court judgment affirming dimensional variances for two New Shoreham lots. It held that the applicants failed to establish, and the zoning board failed to explain, that no reasonable alternative existed for making a legally permitted use of the property without the variances. The court also held that the board could not grant lot-size relief by implication and had to expressly address that relief in findings supported by the record.