Klug v. Board of Adjustment for Town of Nashville

1 James and Debra Klug appeal a summary judgment upholding the decision of the Town of Nashville Board of Adjustment denying a variance application. The Klugs contend the board proceeded on an incorrect theory of law, acted arbitrarily, made its determination without any investigation or evidence, without a hearing and without conducting a vote of the board members. They also argue the circuit court improperly substituted its own discretion for the boards, applied the wrong definition of "hardship," and applied an incorrect legal standard. The board contends the Klugs appeal is frivolous. We affirm the judgment but conclude the appeal is not frivolous.