ACW Realty Mgt., Inc. v. Planning Bd. of Westfield

In ACW Realty Mgt., Inc. v. Planning Bd. of Westfield, 40 Mass. App. Ct. 242, 246, 662 N.E.2d 1051 (1996) the role of a judge in reviewing the denial of a special permit was succinctly stated as follows: the denial of special permits is within the discretion of the board. Additionally, a judge reviewing a decision of the board denying a permit does not possess the same discretionary power as does the board, and the decision of the board can only be disturbed if it is based on a 'legally untenable ground' or is 'unreasonable, whimsical, capricious or arbitrary.'