· 4/13/2005
Taliaferro v. Darby Tp. Zoning Hearing Bd.
Citations
- 873 A.2d 807
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the zoning hearing board may reject testimony it finds lacking in credibility and may choose to believe one expert and not another
- explaining that a board’s opinion is sufficient if it provides an adequate explanation of its resolution of the factual questions involved and sets forth its reasoning in such a way to show that its decision was reasoned and not arbitrary
- reasoning that “application of the capricious disregard standard . . . [did not] warrant reversal” where “[t]he Board’s decision plainly demonstrate[d] it did not deliberately ignore the [disputed] testimony . . ., as evidenced by its express summation of [the] testimony”
- “The [zoning hearing] board is the sole judge of the credibility of witnesses and the weight afforded their testimony.”
- stating it is zoning hearing board’s function to weigh evidence
- discussing standard for demonstrating entitlement to variance relief
Source: CourtListener parenthetical corpus (CC0).
Judges: Colins, President Judge, and Leadbetter, Judge, and Simpson, Judge
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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