The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Land Use Appellate Court Opinion

by Zigadto, Janet


AC37942 - JAG Capital Drive, LLC v. East Lyme Zoning Commission ("The defendant, the East Lyme Zoning Commission (commission), appeals from the judgment of the Superior Court sustaining the administrative appeal of the plaintiff, JAG Capital Drive, LLC, from the commission's denial of the plaintiff's application for approval of a proposed affordable housing development.The commission claims that the trial court erred in concluding that it failed to meet its burden of proof in denying the plaintiff's application on the ground of the industrial zone exemption—that the proposed affordable housing development would be located in an area which is zoned for industrial use and does not permit residential uses—pursuant to General Statutes § 8-30g (g) (2) (A).More specifically, the commission claims that the trial court erred in determining that the area in which the proposed affordable housing project would be located permits residential uses. We disagree with the commission, and thus affirm the judgment of the trial court sustaining the plaintiff's appeal from the commission's denial of its affordable housing application.")