New Britain herald., 1927-03-11
RUSSELL ST. APPEAL. .
 UPHELD BY COURT
(Continued from First Page

second day of the trial, I understand that my duty is not 10 find whether the action of the beard of adjust rnent was wise or otherwise but 70 find Ne>ther their action was legal or Illegal,
 "A. the outset ii is important to bear in mind that the appellants are not attacking he zoning law but are defending it against what they claim is an attack by th9 board Of adjust ment in making the special eNCep- ton which is the subject Of the ap- peal.
 "The first question is whether the decision of the board of adjustment is arbitrary and unreasonable. There Is nothing in the action of the board Hs detailed in the evidence which gives any basis for an inference of this character. The appeal was re- ceived in the usual way, was tabled, notice was given of hearing, an extensive hearing Of all parties was had, the locus was visited and finally the exception granted. Were the wisdom of the action of the board before me. many cogent arguments could be culled from the evidence introduced.
 This being so, the next question Is whether the board had the power under the statute and ordinances 10 make this special exception. If it has that power 1t must be found In one of those sources. To answer this question close analysis Of both is necessary.
 '"The statute is found in Special Amending the Charter of the City 0. New Britain Section 26-S9 In section 2s the purpose Of the act is described as follows: For the pur- pos. Of promoting health, safety morals or the general welfare Of the community or the comfort. happi- ness and prosperity of the inhani- tAnts thereof, the common council of the city of New Britain is em- powered to establish building dis tricts and restrictions The rest of this section and Sections 27, 2s and 2s describe the powers of the coun- ell. Section 30 describes the method of changing the original layout and The part the board of adjustment plays.
 Section 31 reads as follows:
 "'The common council shall pro- vide for the appointment of board of adjustment. and. in the regula- tions and restrictions adopted pur- suant to the authority of this act, may provide that the said board Of adjustment may. in appropriate cases and subject to appropriate conditions and safeguards. make special exceptions to the terms of such regulations or restrictions in harmony with the general purpose and intent and in accordance with general or specific rules therein con- tained.'
 ''The important feature of this section is that in itself 1t gives no power to the board to make special exceptions. IL says that the council may give this power to the board.
 Sections g. B and 34 describe the method of appointment and duties of the board.
 Section B reads as follows:
 "'The board of adjustment shall have the following powers: CD 10 hear and decide appeals where it is alleged there is error in any order. requirement.. decision or determina- ton made by the administrative of ficer in the enforcement of any or dinance adopted pursuant to this act: CD To hear and decide special exceptions to the terms of any such ordinance, in accordance with rules and limitations therein contained: f1 To authorize upon appeal in specific cases such variance from the terms of such ordinances as will not h. contrary to the public interest, where. owing to special conditions. literal enforcement Of the pro- vidons of such ordinance will result in unnecessary hardship. and so that spirit of the ordinance shall b. observed and substantial justice done: {U To make such changes q provided in section thirty thereof
 with CD and t4) we are not AeFs concerned. CD again refers