In Re Appeal of Miserocchi

How courts have described this case

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

• recognizing that “a goal of zoning is to phase out nonconforming uses”
• explaining that since the zoning regulation in dispute failed to provide any criteria under which the board of adjustment could evaluate whether to approve a change in nonconforming use, “‘the applicant ... is left uncertain as to what factors are to be considered’”
• allowing a change in the use of a non-conforming structure from one permitted use to another permitted use
• although traditionally disfavored, changes to nonconforming uses are often allowed if they do not increase the nonconformity
• with regard to insufficient criteria to determine whether to approve a change in nonconforming use, “such ad hoc decision-making denies . . . due process of law”
• adequate guidelines are essential to ensure due process in zoning decisions

Source: CourtListener parenthetical corpus (CC0).