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Land Use Law Supreme Court Slip Opinion

by Zigadto, Janet


SC20549 - Tillman v. Planning & Zoning Commission ("The principal question raised in this appeal is whether the zoning authority granted to municipalities by General Statutes § 8-2 permits the use of a zoning device known as a planned development district. The plaintiffs, John Tillman and Judith Tillman, appeal from the decision of the trial court dismissing their appeal from the decision of the named defendant, the Planning and Zoning Commission of the City of Shelton (commission), approving an application for such a district submitted by the defendant Shelter Ridge Associates, LLC (Shelter Ridge). On appeal, the plaintiffs claim that (1) this court's decision in Campion v. Board of Aldermen, 278 Conn. 500, 899 A.2d 542 (2006), which concluded that the special act authorizing zoning in the city of New Haven allows for the creation of a planned development district, is inapplicable to municipalities that derive their authority to zone from § 8-2, (2) the planned development district proposed by Shelter Ridge violates the uniformity requirement contained in § 8-2, and (3) the commission's decision resulted in an unlawful subdivision. For the reasons that follow, we reject each of these claims and, accordingly, affirm the judgment of the trial court.")