Gara Realty, Inc. v. Zoning Board of Review

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a request for relief from a town setback requirement for ISDS falls under the Viti doctrine
• finding that, as a matter of law, it was more than a mere inconvenience where enforcement of setback requirements would prevent a party from pursuing the permitted use of building a single family residence
• Although DEM has authority to set forth minimum requirements for the construction of an ISDS, municipalities still have the option to provide additional restrictions concerning such construction.

Source: CourtListener parenthetical corpus (CC0).