What is the test for review of a decision by the California Board of Supervisors not to grant a variance?

California, United States of America


The following excerpt is from Rasmussen v. Orange County, 212 Cal.App.2d 246, 27 Cal.Rptr. 866 (Cal. App. 1963):

'It is held that the granting of an application for variance is a matter of grace and not a matter of right, and that therefore the granting or refusal is fully within the discretion of the council or board, and that its decision is not reviewable [212 Cal.App.2d 249] by the courts unless there be illegality in the proceedings. In Flagstad v. City of San Mateo, 156 Cal.App.2d 138, 318 P.2d

Page 868

In Snow v. City of Garden Grove, 188 Cal.App.2d 496, 10 Cal.Rptr. 480, it was held that courts have no authority to interfere with the denial of an application for a zone variance except upon a clear and convincing showing of abuse of discretion.

The facts of this case present much the same questions as were before the court in Bringle v. Board of Supervisors, 54 Cal.2d 86, 4 Cal.Rptr. 493, 351 P.2d 765, in which the authorities are exhaustively reviewed.

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