ABSTRACT
In the event that your permit is denied, the good news is that you can appeal the decision. The bad news is that a successful appeal normally results in a remand (a return) to the original forum (the Board of Appeals, for example) with instructions to that (normally hostile) Board to reconsider the matter in light of the Court’s further instructions. It is a rare event for a court to grant the permit itself. For the Court to grant the permit itself, you would generally have to show that a remand to the original panel would be a fruitless act, because of the demonstrated hostility of that Board to the applicant or to the application itself. While the Board’s hostility might be obvious to you, proving it to a court is a far more difficult proposition.
