What is meant by "Substantial Evidence?"

Substantial evidence means "more than a mere scintilla”. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. The preponderance of evidence standard is met if the proposition is more likely to be true than not true. The standard is satisfied if there is greater than fifty percent chance that the proposition is true.

The fact that two inconsistent conclusions can be drawn from the recorded evidence related to a specific performance standard does not mean that the Board’s conclusion regarding that standard is not supported by “substantial evidence.”

Unless the applicant can demonstrate both that the Board’s findings are unsupported by record evidence and that the record compels contrary findings, the Board is to deny an application on the basis that shows that the proposed project would have specific adverse consequences in violation of the criteria for approval