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instructions if based upon the preponderance of evidence the board finds <br /> that: <br /> (1) The director erred in its decision;or <br /> (2) The decision violated this chapter or other applicable law;or <br /> (3) The decision was arbitrary or capricious or characterized by an abuse <br /> of discretion or clearly unwarranted exercise of discretion. <br /> S. Board of Appeals Rules of Practice and Procedures,Rule 8-4(4)requires that a <br /> general petition for an appeal must include: <br /> A statement explaining: <br /> (A)How the decision appealed from violates the law;or <br /> (B)How the decision appealed from is clearly erroneous;or <br /> (C)How the decision appealed from was arbitrary and capricious, <br /> or characterized by an abuse of discretion or clearly <br /> unwarranted exercise of discretion. <br /> 9. The Planning Director acted within his jurisdiction and discretion in the manner in <br /> which the Planning Director addressed the ppell ~''s r,...._,'questions posed to him. The <br /> Planning Director was not required to respond to the questions in the form or format posed to <br /> him <br /> 10. The Planning Director correctly identified issues and questions outside the <br /> Planning Director's jurisdiction and discretion. <br /> IL. The Planning Director's reliance on caselaw to justify not answering questions <br /> outside of the planning director's jurisdiction and discretion was not erroneous or an abuse of <br /> discretion- Formatted:Font:Times New Roman <br /> 44-.12. The Order sufficiently addressed the questions raised by the Appellant even <br /> though the Order did not reflect the specifics desired by the Appellant. <br /> 44,13. Having considered the testimony and evidence provided,including the submitted <br /> exhibits,the Board unanimously concluded that in issuing his Order,the Planning Director in <br /> issuing the order did not clearly err,was not arbitrary or capricious,nor did he abuse his <br /> 8 <br />