What is the legal test for granting or denying a variance to a residential development where there is no evidence of abuse of force or abuse of authority?
California, United States of America
The following excerpt is from Flagstad v. City of San Mateo, 156 Cal.App.2d 138, 318 P.2d 825 (Cal. App. 1957):
The decision of the municipal body to grant or deny a variance will not be disturbed by the courts in the absence of a clear and convincing showing of an abuse of discretion (Childs v. City Planning Comm., 79 Cal.App.2d 808, 812, 180 P.2d 433; Otis v. City of Los Angeles, supra, 52 Cal.App.2d 605, 613, 126 P.2d 954).
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