Laserfiche WebLink
of Eagle Trust' s interest resulted in actual notice to the <br /> Trust of the Nottingham application. <br /> None of the above elements were proven at the Board <br /> meeting. Notwithstanding that fact, the Board made a finding <br /> of actual notice. Actual notice is inadequate where statutory <br /> notice is required, and further, such a finding of actual <br /> notice is clearly erroneous , unsupported by substantial <br /> evidence and arbitrary and capricious . To make such a finding <br /> of actual notice in light of the statutory requirements is <br /> also a denial of statutory right and contrary to constitutional <br /> right, power and privilege, and in excess of statutory limita- <br /> tions , and such a finding must be set aside. <br /> -18- <br />