18 Jan 2012
TURBO TOP LTD v. TOWN PLANNING BOARD
- Citation
- TURBO TOP LTD v. TOWN PLANNING BOARD
- Court
- Court of Appeal
- Case number
- CACV256/2011
The court reinstated the stay because the applicant demonstrated a reasonably arguable appeal and, absent a stay, approval of the draft OZP would likely render the appeals nugatory; the balance of convenience favors a stay given the Board can, in the exercise of its powers under the Ordinance, consider amending the draft OZP (including excising the contested lot) to allow non‑controversial parts to proceed, and therefore the stay is just and fair pending determination of the appeals.