Adjoining neighbor appealed from decision of municipal board of adjustment granting dance studio operator a variance that allowed a reduction in number of required parking spaces for studio’s business. The Circuit Court granted the variance, subject to conditions. Studio owner appealed.
The Court of Civil Appeals held that:
- Neighbor had standing as “party aggrieved” to challenge board of adjustment’s decision;
- Trial court was not without authority to attach conditions to granting variance;
- Stated condition that studio use a shuttle bus for transporting students did not constitute an impermissible injunction; and
- The condition was not unreasonable, arbitrary, or oppressive means to address traffic congestion.